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CAPPELLI v. JUSTICE

496 P.2d 209 (1972)

Raymond CAPPELLI and Kathryn Cappelli, Husband and Wife, et al., Respondents, v. Jack JUSTICE and Bonnie Justice, Husband and Wife, Appellants.

Supreme Court of Oregon.

Decided April 26, 1972.

Rehearing Denied May 16, 1972.

Attorney(s) appearing for the Case

Harold L. Olsen, St. Helens, argued the cause for appellants. On the briefs were Bennett, Vagt & Olsen, St. Helens.

Thomas J. Moore, Hillsboro, argued the cause for respondents. On the brief were Brink & Moore, Hillsboro.

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

O'CONNELL, Chief Justice.

This is a suit to quiet title. Defendants counterclaimed requesting that their title be quieted and that plaintiffs Hans and Viola Slette be required to remove certain encroachments from the property in question. Defendants appeal from a decree in favor of plaintiffs.

The property in question is a 30-foot strip of land which runs from the Nehalem Highway to the northeastern corner of the plaintiffs Cappelli's land. The following diagram...

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