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CHAFFEE v. FINE

540 P.2d 371 (1975)

George A. CHAFFEE, Respondent, v. Violette FINE et al., Defendants, and Leslie E. LaDuke and Florette M. LaDuke, Appellants.

Supreme Court of Oregon.

Decided September 25, 1975.

Attorney(s) appearing for the Case

Thomas E. Wurtz, Springfield, argued the cause for appellants. On the brief were Kenneth A. Osher and Moore, Wurtz & Logan, Springfield.

Richard Smurthwaite, Eugene, argued the cause for respondent. With him on the brief were Linklater & Smurthwaite and Husband, Johnson & Fechtel, Eugene.

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

O'CONNELL, Chief Justice.

This is a suit in equity in which plaintiff seeks a decree declaring that he is the owner of a non-exclusive perpetual easement appurtenant entitling him to use an access road over defendants' land. A judgment of default was entered against all defendants except defendants LaDuke. The trial court granted the relief prayed for in plaintiff's complaint and defendants LaDuke appeal. We shall refer to...

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