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McKEE v. FIELDS

187 Or. 323 (1949)

210 P.2d 115

McKEE v. FIELDS

Supreme Court of Oregon.

Affirmed October 11, 1949.

Petition for rehearing denied November 15, 1949.

Attorney(s) appearing for the Case

Harold A. Olson, of North Bend, argued the cause for appellants. On the brief were Mullen & Olson, of North Bend.

Joseph McKeown, of Coos Bay, and W.A. Johansen, of Coos Bay, argued the cause for respondents. On the brief were McKeown & Newhouse, and W.A. Johansen, all of Coos Bay.

Before BRAND, Acting Chief Justice, and ROSSMAN, BAILEY, HAY and PAGE, Justices.

HAY, J.

Plaintiffs F.J. McKee and Edith M. McKee hold legal title to a tract of land in the city of North Bend, and plaintiffs McGowan have an equitable interest therein under a contract of purchase. The defendants, Pryne Fields and Mary Fields, own a tract adjoining the McKee property. There is a small frame dwelling-house on the McKee tract, the west wall of which is close to the dividing line between the two tracts. The

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