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ATKESON v. HOLLY

482 P.2d 737 (1971)

Howard ATKESON, Executor of the Estate of Albert E. Anthony, Deceased, Appellant, v. Richard L. HOLLY and Evelyn E. Holly, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 1.

Decided March 24, 1971.

Attorney(s) appearing for the Case

Willard Bodtker, Albany, argued the cause for appellant. On the briefs were Long & Bodtker, Albany.

Harrison M. Weatherford and Peter Powers, Albany, argued the cause for respondents. With them on the briefs were Weatherford, Thompson, Horton & Jordan, Albany.

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

McALLISTER, Justice.

This is a separate case, but is treated in tandem with Atkeson v. Evelyn E. Holly, Or., 482 P.2d 732, because, by stipulation of the parties, all of the evidence in that case was considered by the trial court in this case. Because the two cases are so closely related, it will be more convenient to combine this opinion as a sequel to the other.

This suit seeks cancellation of a deed executed by Anthony...

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