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STANTON v. WEBER ET AL

218 Or. 282 (1959)

341 P.2d 1078

STANTON v. WEBER ET AL

Supreme Court of Oregon.

Modified July 15, 1959.

Petition for clarification denied October 14, 1959.

Attorney(s) appearing for the Case

Irving Rand, Portland, argued the cause for appellants. With him on the brief were George H. Brewster, attorney for appellant LaBertew, Redmond, and James F. Bodie, attorney for appellants Fray, Prineville.

Robert H. Hollister, Portland, argued the cause for respondent. On the brief were Hollister & Hollister, Portland.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, McALLISTER and SLOAN, Justices.

DECREE MODIFIED.

McALLISTER, C.J.

This suit in equity was commenced by the plaintiff, Roy C. Stanton, to impress a trust in his favor upon certain lode mining claims, legal title to which was held by the defendant, Fred E. Weber. The intervenors, Albert E. Fray and Leland F. Fray, claim superior title through the alleged prior filing of certain placer mining claims on the same property. The defendant Mary LaBertew...

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