JOHNSON v. STATE, HWY. DIV. OF DEPT. OF TRANSP


556 P.2d 724 (1976)

27 Or.App. 581

Ervin E. JOHNSON and Inez M. Johnson, Appellants, v. STATE of Oregon, Acting by and through the Highway Division of the Department of Transportation, Respondent.

Court of Appeals of Oregon.

Decided November 29, 1976.


Attorney(s) appearing for the Case

William F. Frye, Eugene, filed the brief for appellants.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Al J. Laue, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.


SCHWAB, Chief Judge.

Plaintiffs appeal from a declaratory judgment that a covenant given by their predecessor in interest runs with the land plaintiffs now own and is therefore binding upon plaintiffs.

In 1943, Robert and Lula May Brown conveyed to the State of Oregon in fee simple a 60-foot-wide strip of land bordering Highway 58 in Pleasant Hill. The deed described the land conveyed and the larger tract of land of which the conveyed land was once a part...

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