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LONGVIEW FIBRE CO. v. JOHNSTON

193 Or. 385 (1951)

238 P.2d 722

LONGVIEW FIBRE COMPANY v. JOHNSTON

Supreme Court of Oregon.

Affirmed December 12, 1951.

Attorney(s) appearing for the Case

Warde H. Erwin, of Portland, argued the cause for appellant. Lee A. Ellmaker, of Portland, filed a brief for appellant. A supplemental brief was filed by Boyd, Ferris & Erwin, of Portland.

Carl E. Davidson, of Portland, argued the cause for respondent. With him on the briefs was Walden Stout, of Portland.

Before BRAND, Chief Justice, and HAY, LUSK, WARNER and TOOZE, Justices.

AFFIRMED.

HAY, J.

This is a suit to enjoin defendant from trespassing upon plaintiff's real property and cutting, removing, or injuring any timber or trees thereon, and for damages.

The complaint alleges that plaintiff is the owner and in possession of the east half of the east half of section 9, township 4 north, range 5 west of the Willamette Meridian, in Columbia county, Oregon; that such property contains large quantities of valuable

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