ROSE ET UX. v. DENN ET UX.


188 Or. 1 (1950)

212 P.2d 1077

213 P.2d 810

ROSE ET UX. v. DENN ET UX.

Supreme Court of Oregon.

Affirmed December 13, 1949.

Petition for rehearing denied January 24, 1950.


Attorney(s) appearing for the Case

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

Carl M. Felker, of Roseburg, argued the cause for respondents. With him on the brief was Paul E. Geddes, of Roseburg.

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


ROSSMAN, J.

This is an appeal by the defendants from a decree of the Circuit Court which held that the plaintiffs "are the owners and users of an easement and way of necessity, more particularly described as follows, * * *. The defendants and each of them be and they hereby are perpetually restrained and enjoined from in any manner closing or interfering with the use and travel of said easement and way of necessity by the plaintiffs * * *." The easement and way of...

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