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BRAZIL v. DUPREE

197 Or. 581 (1952)

250 P.2d 89

254 P.2d 1041

BRAZIL v. DUPREE ET AL.

Supreme Court of Oregon.

Argued on rehearing January 14, 1952.

Reversed with instructions November 14, 1952.

Rehearing granted December 9, 1952.

Former opinion withdrawn and order granting new trial affirmed March 25, 1953.

Attorney(s) appearing for the Case

Norman B. Kobin, of Portland, argued the cause for appellant. With him on the brief was David Weinstein, of Portland.

Arthur H. Lewis, of Portland, argued the cause and filed a brief for respondent, E.W. LeBeck.

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

REVERSED WITH INSTRUCTIONS.

LATOURETTE, J.

This is an appeal by plaintiff from an order granting a new trial to defendants after verdict in favor of plaintiff in a claim and delivery action to recover possession of two frame houses which were detached from the real property, and also for damages for their wrongful detention.

Plaintiff alleged that he was the owner of and entitled to the immediate and exclusive possession of the houses, that the defendants...

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