BRITT v. THORSEN


481 P.2d 352 (1971)

Wayne O. BRITT and Dorothy L. Britt, husband and wife, Appellants, v. Arne THORSEN and Else Thorsen, Husband and Wife; Birger Karlsen and Solveig Karlsen, Husband and Wife; and Lawrence G. Gardner and Teresa H. Gardner, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided March 3, 1971.


Attorney(s) appearing for the Case

Helen J. Frye, Eugene, argued the cause for appellants. With her on the briefs were Husband, Johnson & Frye, Eugene.

W.T. Hollen, Newport, argued the cause and filed a brief for respondents.

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


HOLMAN, Justice.

Plaintiffs and defendants are the respective owners of two pieces of real property. Defendants' property lies between plaintiffs' property and the Pacific Ocean. Plaintiffs brought a suit against defendants, asserting a right-of-way across defendants' property to the ocean. Defendants denied the allegations in plaintiffs' complaint and requested affirmative relief by way of an injunction.

Immediately prior to the date set for the trial of...

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