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ROYER v. GAILEY

449 P.2d 853 (1969)

Walter F. ROYER and Mary A. Royer, Husband and Wife, Appellants, v. Matthew Dean GAILEY and Barbara Falconer Gailey, Husband and Wife, and George C. Wendland and Nadine Wendland, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 2.

Decided January 29, 1969.

Attorney(s) appearing for the Case

Francis F. Yunker, Portland, argued the cause for appellants. With him on the briefs was J. Robert Jordan, Portland.

Frederick A. Anderson, Tigard, argued the cause for respondents. With him on the brief was Thomas J. Moore, Hillsboro.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and MENGLER, JJ.

MENGLER, Justice pro tem.

Plaintiffs appeal from portions of a decree which establishes: (1) the right of defendants Wendland to one-half of the water from a spring on land purchased by plaintiffs under a land sale contract from defendants Gailey; (2) the right of entry upon the land by defendants Wendland to maintain the easement and rights granted them; (3) that the water rights granted to defendants Wendland by the state engineer are subject to the provisions of...

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