LUCKEY ET UX v. DEATSMAN


217 Or. 628 (1959)

343 P.2d 723

LUCKEY ET UX v. DEATSMAN

Supreme Court of Oregon.

Affirmed September 9, 1959.


Attorney(s) appearing for the Case

Tom P. Price, Portland, argued the cause for appellant. With him on the brief was Joe P. Price, Portland.

John C. Anicker, Jr., Oregon City, argued the cause for respondents. On the brief were Jack, Goodwin & Santos, Oregon City, and Philip A. Levin, Portland.

Before McALLISTER, Chief Justice, and WARNER, O'CONNELL and MILLARD, Justices.


AFFIRMED.

O'CONNELL, J.

The plaintiffs bring this suit under the Uniform Declaratory Judgments Act to obtain a declaration of the respective rights of the plaintiffs and the defendant to the use of certain spring waters arising on the defendant's land. From a decree declaring that plaintiffs were the owners of an easement appurtenant in the defendant's land, the defendant appeals.

The alleged easement arose out of the following circumstances. More...

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