ZERR v. HECETA LODGE NO. 111, IND. ORDER OF ODD F.


523 P.2d 1018 (1974)

Raymond ZERR and Pearl Zerr, Husband and Wife, Respondents, v. HECETA LODGE NUMBER 111, Independent Order of Odd Fellows, an Oregon Corporation, Appellant.

Supreme Court of Oregon.

Decided June 27, 1974.


Attorney(s) appearing for the Case

Charles M. Gudger, III, Eugene, argued the cause for appellant. With him on the briefs were Bick, Monte & Joseph, Eugene.

Sam B. Harbison, Medford, argued the cause for respondents. With him on the brief were Harbison, Kellington & Kellington, Medford.

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


TONGUE, Justice.

This is an action to recover the possession of real property to compel, by writ of restitution, the removal of an adjacent building owned by defendant to the extent that it encroaches upon plaintiffs' property.

Defendant's answer alleged various equitable defenses, including the defense that equity should deny plaintiffs' request for removal of the encroachment because to do so would impose upon defendant a "disproportionate burden." Defendant...

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