RAY v. DAVIS


436 P.2d 741 (1968)

In the matter of Substituting Statutory Way of Necessity, Janice Felhberg RAY and Richard Ray, Appellants, v. Elmer DAVIS, Cross-Appellant, and Hazel Johnson, Respondent.

Supreme Court of Oregon, In Banc.

Decided January 24, 1968.


Attorney(s) appearing for the Case

Alex M. Byler, Pendleton, and Wm. A. Galbreath, Milton-Freewater, argued the cause for appellants. On the briefs were Wm. A. Galbreath, Milton-Freewater and Corey, Byler & Rew, Pendleton.

Gene B. Conklin, Pendleton, argued the cause for cross-appellant. With him on the brief was R.P. Smith, Pendleton.

J.T. Monahan, Milton-Freewater, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and O'CONNELL, GOODWIN, DENECKE, HOLMAN and WOODRICH, JJ.


Argued and Submitted at Pendleton, October 30, 1967.

O'CONNELL, Justice.

This is a proceeding instituted by plaintiffs to obtain a statutory way of necessity over the land of defendants. Plaintiffs appeal and defendant Davis cross-appeals from a decree of the circuit court for Umatilla county remanding the case to the county court for further proceedings.

Plaintiffs filed a petition with the county clerk of Umatilla county praying for a statutory way...

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