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DOHERTY v. HARRIS PINE MILLS

211 Or. 378 (1957)

315 P.2d 566

DOHERTY ET UX v. HARRIS PINE MILLS, INC.

Supreme Court of Oregon.

Affirmed as modified September 6, 1957.

Petition for rehearing denied October 1, 1957.

Attorney(s) appearing for the Case

Willis A. West, Portland, argued the cause and filed a brief for appellants.

George H. Corey, Pendleton, argued the cause for respondent and cross-appellant. With him on the brief was P.W. Mahoney, Heppner.

Before LUSK, J., Presiding and BRAND, WARNER and KESTER, Justices.

AFFIRMED AS MODIFIED.

BRAND, J.

Plaintiffs Doherty brought this action to recover from the defendant company, Harris Pine Mills, Inc., damages for timber trespass. The amended complaint alleges that the plaintiffs at all times therein mentioned were the owners as tenants by the entirety and in possession of real property fully described therein. Plaintiffs allege

"That on or about May 1, 1953, the said defendant...

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