DOYLE v. GILBERT


469 P.2d 624 (1970)

L.E. DOYLE and Corinne E. Doyle, Husband and Wife, Respondents, v. Cecil J. GILBERT, Also Known As C.J. Gilbert, and Jeanne Marie Gilbert, Husband and Wife, and Vlassenroot-Gilbert Ranches, Inc., a Corporation, Appellants.

Supreme Court of Oregon.

Decided May 20, 1970.


Attorney(s) appearing for the Case

B.D. Isaminger, Pendleton, argued the cause for appellants. On the brief were Isaminger & Hanzen, Pendleton.

Ralph Currin, Pendleton, argued the cause for respondents. On the brief were Currin & French, Pendleton.

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


Argued and Submitted at Pendleton October 27, 1969.

McALLISTER, Justice.

This is a declaratory judgment proceeding to settle the scope of an easement over plaintiffs' property. The trial court held that defendants have an easement over plaintiffs' property "for the purpose of ingress and egress for the construction and maintenance of necessary utilities and pipelines"; that defendants had enlarged the use of the easement by driving farm vehicles and equipment...

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