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SHARE v. WILLIAMS ET UX

204 Or. 664 (1955)

277 P.2d 775

285 P.2d 523

SHARE v. WILLIAMS ET UX.

Supreme Court of Oregon.

Argued on rehearing May 2, 1955.

Affirmed in part, modified in part and remanded December 8, 1954.

Former opinion modified June 29, 1955.

Attorney(s) appearing for the Case

P.J. Gallagher, of Ontario, argued the cause for appellants. On the briefs were Gallagher & Gallagher, of Ontario.

W.F. Schroeder, of Vale, argued the cause for respondent. On the brief were Lytle, Kilpatrick & Schroeder, of Vale and Canyon City.

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

AFFIRMED IN PART, MODIFIED IN PART AND REMANDED FOR FURTHER PROCEEDINGS.

PERRY, J.

Plaintiff commenced an action in forcible entry and detainer in the justice court of Malheur county to obtain possession of the following described lands:

The Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) and the East Half of the Northwest Quarter (E 1/2 NW 1/4) and three (3) acres in the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4) all lying...

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