WIROSTEK v. JOHNSON


511 P.2d 373 (1973)

Robert A. WIROSTEK and Beverly G. Wirostek, Respondents, v. Paul E. JOHNSON and Dorothy B. Johnson, Appellants.

Supreme Court of Oregon, In Banc.

Decided June 21, 1973.


Attorney(s) appearing for the Case

James W. Lock, Gresham, argued the cause for appellants. With him on the brief were Burns & Lock, Gresham.

Jack B. Schwartz, Portland, argued the cause for respondents. With him on the brief were Sabin, Newcomb, Sabin & Meyer, Portland.


O'CONNELL, Chief Justice.

This is an action to recover possession of a strip of land occupied by defendants, who are owners of the land abutting plaintiffs' property. Defendants appeal from a judgment in favor of plaintiffs.

The facts are as follows. In 1961, W.C. Grimson and Hazel D. Grimson employed Gene A. Leuthold, a surveyor, to survey a tract of approximately 40 acres which they owned. The tract was rectangular in shape and was bounded on the south by...

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