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WHITTLE v. WOLFF

437 P.2d 114 (1968)

Perry D. WHITTLE, Guardian for Clifford Edgar Wilson, an Incompetent and Spendthrift, Respondent, v. Henry G. WOLFF, Appellant.

Supreme Court of Oregon, In Banc.

Decided January 31, 1968.

Attorney(s) appearing for the Case

Ernest F. Gordon, Klamath Falls argued the cause for appellant. With him on the briefs were Ganong, Ganong & Gordon, Klamath Falls.

Louise Jayne, Portland, argued the cause and filed a brief for respondent.

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

O'CONNELL, Justice.

Plaintiff seeks to recover damages resulting from the removal of sand and gravel by defendant from land in which plaintiff claims an interest. Defendant appeals from a judgment for plaintiff.

Plaintiff is the guardian of Clifford Wilson, a member of the Klamath Indian Tribe, who was an "enrollee" of a parcel of Indian land. The United States, through the Bureau of Indian Affairs, conveyed the parcel to defendant by a deed containing the...

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