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HARVEY v. GETCHELL

190 Or. 205 (1950)

225 P.2d 391

HARVEY, AS ADMINISTRATOR ET AL. v. GETCHELL ET AL.

Supreme Court of Oregon.

Reversed December 12, 1950.

Attorney(s) appearing for the Case

Herbert W. Lombard, of Cottage Grove, argued the cause for appellant. With him on the brief was Neil Brown, of Cottage Grove.

E.O. Immel argued the cause for respondents. On the brief were Immel & Milligan, of Eugene.

Before LUSK, Chief Justice, and BRAND, ROSSMAN, HAY, and LATOURETTE, Justices.

REVERSED.

HAY, J.

ON MOTION TO DISMISS APPEAL

This suit was instituted by Worth Harvey, as administrator of the estate of L.M. Capps, deceased, and Elizabeth G. Capps, widow of said L.M. Capps, as plaintiffs, against the defendants, to quiet title to certain mining claims in Lane County, Oregon. Prior to L.M. Capps's death, he and his said wife had contracted in writing to sell such mining claims to one F. Dale Wyatt. The circuit court for Lane County...

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