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HEWITT v. THOMAS ET AL

210 Or. 273 (1957)

310 P.2d 313

HEWITT v. THOMAS ET AL

Supreme Court of Oregon.

Reversed and remanded April 24, 1957.

Attorney(s) appearing for the Case

M.P. Gallagher, Ontario, argued the cause for appellant. On the briefs was Cecelia P. Galey, Sweet Home.

Orval Thompson argued the cause for respondents. On the brief were Weatherford & Thompson, Albany, and F.D. Mayer, Lebanon.

Before PERRY, Chief Justice, and LUSK, WARNER and KESTER, Justices.

REVERSED AND REMANDED.

KESTER, J.

This appeal presents the question of the sufficiency of the complaint in an ejectment action. No demurrer was filed, but on trial defendants objected to the introduction of any evidence on the ground that the complaint failed to allege that plaintiff or his predecessors in title had possession within ten years.* The trial court sustained the objection and entered judgment dismissing the complaint...

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