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ROHNER ET UX v. NEVILLE

230 Or. 31 (1961)

365 P.2d 614

368 P.2d 391

ROHNER ET UX v. NEVILLE

Supreme Court of Oregon.

Reversed with directions October 25, 1961.

Petition for rehearing denied January 31, 1962.

Attorney(s) appearing for the Case

H.M. Weatherford, Albany, argued the cause for appellants. On the briefs were Weatherford & Thompson, Albany.

Robert Mix, Corvallis, argued the cause and filed a brief for respondent.

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

REVERSED WITH DIRECTIONS.

GOODWIN, J.

Plaintiffs Rohner appeal from a decree denying their suit to quiet title to 51.9 acres of land. After trial, the court dismissed the suit because the complaint did not allege that the defendant was claiming an interest adverse to the plaintiffs. Such an allegation is required by ORS 105.605. Fildew v. Milner, 57 Or. 16, 20, 109 P 1092. It does not follow, however, that the suit was properly dismissed.

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