SIMPSON v. FOWLES


536 P.2d 499 (1975)

Rolfe M. SIMPSON and Franklin H. Simpson, Jr., Appellants, v. Robert W. FOWLES et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided June 19, 1975.


Attorney(s) appearing for the Case

Darrell E. Bewley, Portland, argued the cause for appellants. With him on the briefs were Francis F. Yunker, Portland, and Burton R. Hendershott and Emily Lynn Knupp, Aloha.

Bernard B. Brink, Hillsboro, argued the cause for respondents. On the brief were Mervin W. Brink and Brink & Moore, Hillsboro.


O'CONNELL, Chief Justice.

This is a suit to enjoin defendants from interfering with plaintiffs' use of an easement over defendants' land. Defendants seek a decree quieting title in them by extinguishing the easement. The trial court found that the easement had been extinguished by adverse use. Plaintiffs appeal.

Plaintiffs own the dominant estate consisting of a 20-acre tract of land which adjoins defendants' land on the north. Plaintiffs' predecessor in interest...

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