PROV. MEMORIAL ASSOC. v. PROV. MISSIONARY BAPTIST CH.


241 Or. 194 (1965)

405 P.2d 545

PROVIDENCE MEMORIAL ASSOCIATION v. THE PROVIDENCE MISSIONARY BAPTIST CHURCH ET AL

Supreme Court of Oregon.

Reversed September 8, 1965.


Attorney(s) appearing for the Case

Goode, Goode & Altman, Albany, for appellants.

Willis, Kyle & Emmons, Albany, for respondents.

Before PERRY, Presiding Justice, and SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.


REVERSED.

PERRY, J.

This is a suit in equity brought by the plaintiff to enforce a restriction against the cutting of trees upon real property, the restriction being contained in a deed conveying the real property to the defendants' predecessor in title.

From a judgment sustaining the covenant and permanently restraining the defendants from cutting or removing the trees on their real property, defendants appeal.

The evidence discloses that...

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