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JOHNSON v. STATE

245 Or. 618 (1966)

418 P.2d 509

423 P.2d 964

JOHNSON ET AL v. STATE OF OREGON ET AL

Supreme Court of Oregon.

Reargued December 5, 1966.

Affirmed September 28, 1966.

Former opinion withdrawn, affirmed February 15, 1967.

Attorney(s) appearing for the Case

C. Robert Altman, Albany, argued the cause and filed briefs for appellants.

Thomas C. Stacer, Assistant Attorney General, Salem, argued the cause and filed a brief for respondents. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, HOLMAN and HAMMOND, Justices.

AFFIRMED.

SLOAN, J.

This is a suit to determine the title to 240 acres of timber land in Lane county. The state claimed title to the land by virtue of a deed from Lane county following a tax foreclosure in 1943. The state also claimed by adverse possession. Plaintiffs alleged that the tax foreclosure proceedings were null and void because the required statutory notice of the proceedings were never given to plaintiffs as the true owners of the property and...

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