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FRANKE v. WELCH

458 P.2d 441 (1969)

Milo FRANKE and Evelyn Franke, Husband and Wife, Clarence Franke and Laverne Franke, Husband and Wife, Appellants, v. J.D. WELCH, Jr., Harry C. Welch, Elwood C. Welch, Oscar H. Welch, T.L. Nye and John Jarvi, a Partnership Dba Blue Mountain Mills; John Hudspeth and Floreine Hudspeth, Husband and Wife, Fred Hudspeth and Margaret Hudspeth, Husband and Wife, Dba Hudspeth Sawmill Co., Respondents. Lester Wilson and Nan Wilson, Husband and Wife, Appellants, v. J.D. Welch, Jr., Harry C. Welch, Elwood C. Welch, Oscar H. Welch, T.L. Nye and John Jarvi, a Partnership Dba Blue Mountain Mills; John Hudspeth and Floreine Hudspeth, Husband and Wife, Fred Hudspeth and Margaret Hudspeth, Husband and Wife, Dba Hudspeth Sawmill Co., Respondents.

Supreme Court of Oregon, In Banc.

Decided September 10, 1969.

Attorney(s) appearing for the Case

Claud A. Ingram, John Day, argued the cause and filed briefs for appellants.

William A. Palmer, Portland, argued the cause for respondents. With him on the brief were Casey, Palmer & Feltz, Portland, and James F. Bodie and Bodie, Minturn & Glantz, Prineville.

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

Argued and Submitted at Pendleton May 5, 1969.

O'CONNELL, Justice.

This is a suit to quiet title to certain lands conveyed to plaintiffs by defendants Welch and others. Plaintiffs appeal from a decree in favor of defendants.

On July 1, 1946 the Blue Mountain Mills partnership conveyed certain lands to the predecessors in title of plaintiffs Franke and on February 14, 1947 conveyed other lands to the predecessor in title of plaintiffs Wilson. Each deed...

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