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FIRST NAT. BANK OF OREGON v. TOWNSEND

555 P.2d 477 (1976)

27 Or.App. 103

FIRST NATIONAL BANK OF OREGON, Personal Representative of the Estate of Claude Jefferson Miller, Deceased, Respondent, v. John TOWNSEND, or the Heirs at Law of John Townsend and State of Oregon, Appellants.

Court of Appeals of Oregon.

Decided October 25, 1976.

Attorney(s) appearing for the Case

W. Michael Gillette, Solicitor Gen., Salem, argued the cause for appellant State of Oregon. With him on the brief were Lee Johnson, Atty. Gen., and Philip J. Engelgau, Asst. Atty. Gen., Salem.

Douglas P. Cushing, Medford, argued the cause for respondent. With him on the brief was Frohnmayer & Deatherage, Medford.

Before SCHWAB, C.J., and LEE and TANZER, JJ.

TANZER, Judge.

This is an appeal by the State of Oregon, asserting the interests of the grantor, from a declaratory judgment decree construing a deed as creating a fee simple title in the grantee.

The matter was tried upon stipulated facts. The grantee died on May 14, 1974. The following witnessed and notarized deed was thereafter discovered among his personal effects and was recorded by plaintiff, the decedent's personal representative, in the Jackson County...

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