SMITH v. MOORE MILL & LUMBER CO.


536 P.2d 1238 (1975)

Clatie B. SMITH and Ona Smith, Husband and Wife, Appellants, v. MOORE MILL & LUMBER CO., a Corporation, Respondent.

Supreme Court of Oregon.

Decided June 19, 1975.


Attorney(s) appearing for the Case

Lynne W. McNutt, McNutt, Gant & Ormsbee, Coos Bay, argued the cause for appellants. Also on the briefs was Maurice V. Engelgau, Coquille.

Peter C. Richter, Miller, Anderson, Nash, Yerke & Wiener, Portland, argued the cause for respondent. Also on the brief was Norman J. Wiener, Portland.

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


O'CONNELL, Chief Justice.

This is an action to recover damages for the removal of timber from plaintiffs' land by defendant. The decisive question is the location of the boundary between the parties' adjoining parcels of timberland. The trial court, as the trier of fact, found that plaintiffs had failed to sustain their burden of proving their allegations of trespass by a preponderance of the evidence, except for plaintiffs' timber of the value of $2,247 which defendant...

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