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ALERY v. ALERY, JR., ET UX.

193 Or. 332 (1951)

238 P.2d 769

ALERY v. ALERY, JR., ET UX.

Supreme Court of Oregon.

Reversed December 5, 1951.

Attorney(s) appearing for the Case

Austin Dunn, of Baker, argued the cause for appellant. With him on the brief was Carl G. Helm, Jr., of La Grande.

Charles R. Cater, of La Grande, argued the cause and filed a brief for respondents.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, LATOURETTE, WARNER and TOOZE, Justices.

REVERSED.

LATOURETTE, J.

On June 12, 1950, plaintiff, Marie Alery, brought an action in replevin against the two defendants, John Alery, Jr., and Madeline Alery, to recover certain personal property, or the sum of $2,500, the value thereof, in case delivery could not be had, and for damages in the sum of $1,000 for the withholding of such personal property.

It is alleged in the complaint, inter alia, that plaintiff is the owner, and entitled to the...

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