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HORECNY v. RAICHL

571 P.2d 495 (1977)

280 Or. 405

Edward C. HORECNY and Marilyn I. Horecny, Respondents, v. Pravomil L. RAICHL, Appellant.

Supreme Court of Oregon, Department 2.

Decided November 22, 1977.

Attorney(s) appearing for the Case

Alex Christy, Portland, argued the cause for appellant. With him on the briefs was Grethe A. Larson, Portland.

Stephen T. Campbell, Seaside, argued the cause for respondents. With him on the brief was Campbell & Moberg, Seaside.

Before DENECKE, C.J., TONGUE and BRYSON, JJ., and GILLETTE, J. Pro Tem.

BRYSON, Justice.

Plaintiff1 sold two acres of his land in Clatsop County, the "western parcel," to defendant in 1958 and retained the "eastern parcel." Plaintiff also retained a 20' roadway through the two acres to his "eastern parcel" by the following language in the land sale contract and in the deed:

"The purchaser is granted by the sellers, their heirs and assigns, the right to use, and the sellers reserve to themselves...

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