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ANDERSON ET UX. v. MOOTHART

198 Or. 354 (1953)

256 P.2d 257

ANDERSON ET UX. v. MOOTHART

Supreme Court of Oregon.

Reversed and remanded April 29, 1953.

Attorney(s) appearing for the Case

H.T. Botts, of Tillamook, and Robert Y. Thornton, of Salem, argued the cause and filed a brief for appellants.

Warren A. McMinimee, of Tillamook, argued the cause and filed a brief for respondents.

Before LATOURETTE, Chief Justice, and WARNER, LUSK, BRAND and PERRY, Justices.

REVERSED AND REMANDED.

PERRY, J.

This is a suit brought by the plaintiffs as owners of real property situated in Tillamook county to perpetually enjoin the defendants from entering into and upon their property and logging and removing the timber thereon.

The defendants by answer ask that the injunction be denied and that the agreement of the parties be declared valid, or, in the alternative, that they have damages for the plaintiffs' breach of the...

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