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RISE v. STECKEL

No. A7905-02322; CA A20395.

652 P.2d 364 (1982)

59 Or.App. 675

James M. RISE, Appellant, v. James R. STECKEL, Respondent.

Court of Appeals of Oregon.

Decided October 13, 1982.

Reconsideration Denied November 23, 1982.

Review Denied December 15, 1982.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued the cause and filed the briefs, for appellant.

Richard Dobbins, Portland, argued the cause and filed the brief, for respondent.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

Plaintiff brought this proceeding for a declaratory judgment. He seeks a declaration that he has a life estate in a residence occupied by defendant and a judgment for the fair rental value of the residence during ten years of defendant's occupancy.1 Defendant's answer asserted the affirmative defense of laches and a counterclaim of adverse possession. The trial court decided that plaintiff's real property claims were barred...

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