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ALERY v. ALERY, JR., ET UX.

193 Or. 336 (1951)

238 P.2d 771

ALERY v. ALERY, JR., ET UX.

Supreme Court of Oregon.

Reversed with instructions 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 WITH INSTRUCTIONS.

LATOURETTE, J.

This is an action in ejectment brought by plaintiff, Marie Alery, against defendants, John Alery, Jr., and Madeline Alery, his wife, to recover possession of certain real property in La Grande. Defendants were awarded a decree on their separate answer and defense contained in their second amended answer, plaintiff having failed to file a timely reply. Plaintiff, Marie Alery, appeals.

This case and the replevin...

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