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BRUMBAUGH v. ASHTON

208 Or. 521 (1956)

302 P.2d 1018

BRUMBAUGH ET UX v. ASHTON ET UX

Supreme Court of Oregon.

Reversed and remanded November 2, 1956.

Attorney(s) appearing for the Case

Clifford W. Powers, Portland, argued the cause and filed briefs for the appellants.

James O. Goodwin, Oregon City, argued the cause for respondents. With him on the brief were Butler, Jack & Beckett, Oregon City.

Before WARNER, Chief Justice, and ROSSMAN, LUSK, BRAND, PERRY, and McALLISTER, Justices.

REVERSED AND REMANDED.

PER CURIAM.

This is a suit in equity for a mandatory injunction to compel the defendants to remove a dwelling house from real property owned by the plaintiffs.

The record shows that, through no fault of the parties, the defendants, because of the nature of the area and a partial survey thereof, built a home upon what they believed was Lot 2, Bosky Dell, in Clackamas county, Oregon, real...

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