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SHEPARD ET UX. v. PURVINE ET AL.

196 Or. 348 (1952)

248 P.2d 352

SHEPARD ET UX. v. PURVINE ET AL.

Supreme Court of Oregon.

Reversed September 24, 1952.

Petition for rehearing denied October 22, 1952.

Attorney(s) appearing for the Case

W.C. Winslow, of Salem, argued the cause for appellants. With him on the brief was Norman K. Winslow, of Salem.

George A. Rhoten, of Salem, argued the cause for respondents. On the brief were Rhoten, Rhoten & Speerstra, of Salem.

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

REVERSED.

TOOZE, J.

This is a suit for a declaratory judgment, brought by Ralph C. Shepard and Lela A. Shepard, his wife, as plaintiffs, against B.J. Purvine and Lenore Purvine, his wife, W.R. Purvine and Paula Purvine, his wife, and Margaret Purvine, as defendants, wherein plaintiffs seek to establish a right of way for a pipe line to pipe water from a spring on defendants' lands to the property of plaintiffs and to establish a water right to a portion of...

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