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AMBROSEK v. BARKER

504 P.2d 740 (1972)

Larry AMBROSEK and Inez Ambrosek, Husband and Wife, et al., Appellants, v. A.L. BARKER, Respondent, James Burrell and Irene Burrell, Husband and Wife, et al., Defendants.

Supreme Court of Oregon, In Banc.

Decided December 29, 1972.

Attorney(s) appearing for the Case

James D. Vick, Salem, argued the cause for appellants. On the brief was F.P. Stager, Salem.

William Wyllie, Salem, argued the cause and filed a brief for respondent.

O'CONNELL, Chief Justice.

This is a suit for a declaratory decree to construe a reservation in a deed. Plaintiffs appeal from a construction which favors defendant A.L. Barker.

In 1966 the defendants Burrell and others owned a tract of land in a rural area in Marion county. The owners employed Mr. Bill Seid to develop the tract for residential purposes. The tract was divided into 27 large parcels of approximately five acres each. Provision was made for access...

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