ROGERS v. DONOVAN


492 P.2d 768 (1972)

George T. ROGERS and Lola E. Rogers, Husband and Wife, Appellants, v. Edward J. DONOVAN and Lorraine T. Donovan, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided January 19, 1972.


Attorney(s) appearing for the Case

Reuben Lenske, Portland, argued the cause and filed a brief for appellants.

Darrell E. Bewley, Portland, argued the cause for respondents. With him on the brief was Francis F. Yunker, Portland.

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


O'CONNELL, Chief Justice.

This is an action to recover damages for interference with an easement of way which plaintiffs claim to have acquired by prescription. Defendants interposed an answer which the trial court treated as raising an equitable defense which was tried first. The court found in favor of defendants and since the issues decided at that stage in the proceedings were determinative of the issue raised by plaintiffs, the court dismissed plaintiffs' complaint...

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