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JACK MATHIS GENERAL CONTRACTORS, INC. v. MURPHY

472 P.2d 820 (1970)

JACK MATHIS GENERAL CONTRACTORS, INC. and David A. Grubb, Trustee for the Estate of Philburt William Sutton, Bankrupt, Appellants, v. Edward M. MURPHY, Gordon G. Carlson, Individually; Paul K. Ryan; and Margaret Nelson Yates and Gordon G. Carlson, Co-Executors of the Estate of Spencer W. Yates, Deceased, Respondents.

Supreme Court of Oregon, In Banc.

Decided July 29, 1970.

Attorney(s) appearing for the Case

P.J. Washburn, Roseburg, argued the cause for appellants. With him on the briefs were Charles A. Lane and Tonkon & Galen, Portland.

Robert M. Stults, Roseburg, argued the cause for respondents. With him on the brief were Stults, Jayne, Murphy & Anderson and Gordon G. Carlson, Roseburg.

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

SLOAN, Justice.

This is an action in ejectment. Plaintiffs are the record title owner of the property in question. Defendants claim the right to possession as lessees of the disputed premises. The trial court found for defendants. Plaintiffs appeal.

The essential facts are not in dispute. In 1961, the record title to the property known as the Grand Hotel in Roseburg, was owned by Paul K. Ryan and Helen D. Ryan, husband and wife, and by Gordon G. Carlson, a...

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