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WALTER v. MARTINSON

555 P.2d 21 (1976)

276 Or. 411

Y.J. WALTER and Georgia E. Walter, Husband and Wife, Respondents, v. Arthur M. MARTINSON et al., Appellants.

Supreme Court of Oregon, Department 2.

Decided October 14, 1976.

Attorney(s) appearing for the Case

Roger A. Anunsen, Albany, argued the cause and filed a brief for appellants.

John A. Bryan, Salem, argued the cause for respondents. With him on the brief were DeArmond, Sherman & Bryan, Salem.

Before DENECKE, C.J., and TONGUE, BRYSON and LENT, JJ.

TONGUE, Justice.

By this suit plaintiffs seek a decree that they are the owners by prescription of an easement for a road across defendants land in Linn County and that defendants be enjoined from interfering with plaintiffs' use of that road. Defendants appeal from a decree in favor of plaintiffs.

Plaintiffs purchased their property in 1948. Their immediate predecessor, George Griffin, homesteaded that property in about 1896. The road has been in existence...

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