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BROSS v. PEYTON

450 P.2d 760 (1969)

Florence S. BROSS, Respondent, v. Calvin P. PEYTON and Doris Peyton, Husband and Wife, Appellants. Raymond Zerr and Pearl Zerr, Husband and Wife, Respondents, v. Calvin P. Peyton and Doris Peyton, Husband and Wife, Appellants.

Supreme Court of Oregon, Department 1.

Decided February 19, 1969.

Attorney(s) appearing for the Case

Gene L. Brown, Grants Pass, argued the cause for appellants. With him on the brief was R. Gene Smith, Grants Pass.

Stuart E. Foster, Medford, argued the cause for respondent Florence S. Bross. Robert A. Boyer, Medford, argued the cause for respondents Zerr. With Robert A. Boyer on the brief were Frohnmayer, Lowry & Deatherage, Medford.

Before PERRY, C.J., and SLOAN, O'CONNELL, DENECKE and MENGLER, JJ.

SLOAN, Justice.

The controversy in each of these two cases presents the familiar situation of the amount of timber involved in deeds conveying title to land which contained a reservation of title to certain timber on the land conveyed. In these cases the plaintiffs, Bross in one case and Mr. and Mrs. Zerr in the other, were the grantees in deeds which were executed in 1949. Each deed contained the following reservation:

"`hereby selling and conveying to grantees...

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