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ERSKINE v. ELLIOTT

93-4284-E-2(4); CA A87102.

916 P.2d 319 (1996)

140 Or. App. 500

Kent ERSKINE and Donna Zimmerman, Respondents, v. James ELLIOTT, Appellant, and Citizens Bank of Ashland; Jackson County, Oregon; the Unknown Beneficiaries of that certain Trust wherein V.O.N. Smith is Trustee; and all other Persons or Parties Unknown Claiming Any Right, Title, Lien or Interest in the Property Described in the Complaint Herein, Defendants.

Court of Appeals of Oregon.

Decided May 1, 1996.

Attorney(s) appearing for the Case

Thomas C. Howser argued the cause, Ashland, for appellant. With him on the briefs was Howser & Munsell, P.C.

Joseph E. Kellerman argued the cause, Medford, for respondents. With him on the brief were Blackhurst, Hornecker, Hassen & Erwin B. Hogan.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

RIGGS, Presiding Judge.

Plaintiffs brought this action for a declaratory judgment, adverse possession and reformation in order to resolve a dispute concerning the ownership of a lane approximately 30 feet wide that bisects their property. The trial court granted plaintiffs' motion for summary judgment, and defendant1 appeals. We review that determination, viewing the record in the light most favorable to defendant, for the purpose of determining...

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