COMER v. ROBERTS


448 P.2d 543 (1968)

Joseph R. COMER and Leah F. Comer, Husband and Wife, Appellants, v. Ray O. ROBERTS and Gussien Roberts, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 2.

Decided December 31, 1968.


Attorney(s) appearing for the Case

William J. Masters, Portland, argued the cause and filed a brief for appellants.

Clarence A. Potts, Portland, argued the cause for respondents. With him on the brief were Potts & Powers, Portland.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


HOLMAN, Justice.

Plaintiff brought an action of ejectment. Defendant cross-complained seeking affirmative equitable relief. The trial court first tried the request for equitable relief as provided by ORS 16.460(2). The equitable relief was granted and the ejectment action was dismissed. Plaintiff appealed.

Plaintiff and defendant owned adjacent pieces of rough brush land. Both pieces had originally belonged to plaintiff...

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