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HARRIS PINE MILLS v. DAVIDSON

248 Or. 528 (1968)

435 P.2d 310

HARRIS PINE MILLS ET AL, Respondents, v. DAVIDSON ET AL, Appellants.

Supreme Court of Oregon.

Affirmed December 20, 1967.

Petition for rehearing denied January 16, 1968.

Attorney(s) appearing for the Case

R.T. Gooding and S.H. Burleigh, LaGrande, argued the cause for appellants. With them on the briefs were Burleigh, Carey & Gooding, LaGrande.

Alex M. Byler, Pendleton, argued the cause for respondents. With him on the brief were Corey, Byler & Rew, Pendleton; Charles R. Cater, LaGrande; and Robert V. Chrisman, Enterprise.

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

AFFIRMED.

WOODRICH, J. (Pro Tempore).

This is a suit for reformation of a deed. Defendants appeal from a decree which reformed a deed by granting plaintiffs a 50-year timber reservation on 960 acres of land.

On May 8, 1930, Bowman-Hicks Lumber Company deeded 1540 acres of land to R.J. Green "excepting and reserving" to the grantor the timber and necessary rights of way. Only 960 acres of this larger acreage is involved in this litigation. Hereafter...

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