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BURSELL v. BRUSCO

203 Or. 37 (1954)

275 P.2d 873

BURSELL, ADM'X v. BRUSCO ET AL.

Supreme Court of Oregon.

Reversed November 3, 1954.

Petition for rehearing denied December 22, 1954.

Attorney(s) appearing for the Case

Verne W. Newcomb argued the cause for appellants. With him on the briefs were Sabin and Malarkey, Alton John Bassett and Ell M. Roston, of Portland.

Francis F. Yunker argued the cause for respondent. On the briefs were Yunker, Fewless & Hannam, of Portland.

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

REVERSED.

WARNER, J.

This suit was brought by the plaintiff Giacomo Brusco, sometimes known as Jim Brusco, against his sons Mike and Emanuel Brusco and their respective spouses for the cancellation of a deed recorded May 27, 1941, wherein plaintiff was grantor and defendants were grantees, and for a further decree that plaintiff was the sole owner of the property free and clear of any claim of the defendants. Plaintiff died on or about June 1, 1953, during...

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