WHITE v. BROOKS


512 P.2d 1350 (1973)

Irma B. WHITE and Barbara Anne White, Respondents, v. George M. BROOKS and Dorothy B. Brooks, Husband and Wife, Appellants.

Supreme Court of Oregon, In Banc.

Decided August 2, 1973.


Attorney(s) appearing for the Case

Donald H. Greene, Portland, argued the cause for appellants. On the brief was Ernest J. Burrows, Portland.

Edwin J. Peterson, of Tooze, Kerr & Peterson, Portland, argued the cause and filed a brief for respondents.


McALLISTER, Justice.

This is a declaratory judgment proceeding for a determination of the respective rights of the plaintiffs and the defendants in a driveway located between their homes. The trial court tried the case as a suit in equity and found that both plaintiffs and defendants owned an undivided one-half interest in the driveway with reciprocal, co-equal easements to use the driveway. Defendants appeal.

Plaintiffs own the south forty feet of Lot 7,...

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