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WINTER v. SATCHELL

495 P.2d 738 (1972)

Harold R. WINTER and Sarah H. Winter, Husband and Wife, Respondents, v. Louis J. SATCHELL and Helen J. Satchell, Husband and Wife, Appellants.

Supreme Court of Oregon.

Decided April 4, 1972.

Attorney(s) appearing for the Case

Victor C. Hefferin, Portland, argued the cause for appellants. On the brief were Rask & Hefferin.

Donald J. DeFrancq, Portland, argued the cause for respondents. On the brief were Davis, Jensen, DeFrancq & Holmes, Portland.

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

O'CONNELL, Chief Justice.

This is a suit in equity to establish an easement of necessity over defendants' property. Defendants appeal from a decree in favor of plaintiffs.

Plaintiffs own land adjoining and to the south of land owned by defendants. Originally the two parcels of land were owned by Carl and Florence Glennon. The Glennons conveyed the parcel now owned by defendants to James and Urcel Smith, retaining the parcel now owned by plaintiffs. At the...

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