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SUMMERS v. HOLDER

458 P.2d 429 (1969)

Joseph J. SUMMERS, Appellant, v. Theodore S. HOLDER and Patricia Holder, and Joe C. Allison and Dawn D. Allison, Respondents.

Supreme Court of Oregon, Department 1.

Decided September 10, 1969.

Attorney(s) appearing for the Case

Donald H. Coulter, Grants Pass, argued the cause and filed briefs for appellant.

C.H. Seagraves, Jr., Grants Pass, argued the cause for respondents. With him on the brief were Myrick, Seagraves & Williams, Grants Pass.

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

O'CONNELL, Justice.

This is a suit in equity to enjoin defendants from trespassing upon plaintiff's land. The suit arises out of a boundary dispute resulting from a mistake in establishing the boundary when plaintiff sold to defendants Theodore and Patricia Holder part of a larger tract of land owned by him. Defendants answered by way of a general denial, raised the affirmative defense of estoppel and sought reformation of the deed. Plaintiff appeals from a decree...

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