BAUM ET UX v. DENN ET AL.


187 Or. 401 (1949)

211 P.2d 478

BAUM ET UX v. DENN ET AL. AND FEDERAL LAND BANK OF SPOKANE

Supreme Court of Oregon.

Affirmed November 15, 1949.


Attorney(s) appearing for the Case

William D. Green, Jr., and Avery W. Thompson, of Roseburg, argued the cause and filed briefs for appellants.

Carl M. Felker, of Roseburg, argued the cause for respondents. On the brief were Geddes & Felker, of Roseburg.

Before LUSK, Chief Justice, and BELT, BAILEY, HAY, and PAGE, Justices.


BELT, J.

This is an appeal from a decree of the Circuit Court perpetually enjoining the defendants from interfering with plaintiffs in using a roadway over and across the land of the defendants. The Federal Land Bank of Spokane, the holder of a mortgage on the land, was made a party defendant, but it made no appearance as its interests could in no way be affected by the suit for an injunction.

The road in controversy is on land owned by defendants Joseph A...

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