WHITLEY v. JACOBS


564 P.2d 1057 (1977)

278 Or. 541

Phillip W. WHITLEY and Judy L. Whitley, Husband and Wife, and Davis S. Whitley and Elaine D. Whitley, Husband and Wife, and John E. Weitz, Appellants, v. Harry H. JACOBS, Clarence L. Jacobs, Ralph H. Jacobs and Paul K. Jacobs and Harry Jacobs & Sons, a Co-Partnership Comprised of Harry H. Jacobs, Clarence L. Jacobs, Ralph H. Jacobs and Paul K. Jacobs, Respondents.

Supreme Court of Oregon.

Decided May 31, 1977.


Attorney(s) appearing for the Case

John L. Jacobson, Baker, argued the cause for appellants. With him on the brief was Irving Rand, Baker.

Thomas F. Young, Baker, argued the cause for respondents. With him on the brief were Banta, Silven & Young, Baker.

Before DENECKE, C.J., and HOWELL, BRYSON, LENT, LINDE and CAMPBELL, JJ.


CAMPBELL, Justice Pro Tem.

This is an action in ejectment, in which the plaintiffs seek to recover the possession of 116.19 acres of land. Trial was held before the court without a jury, and judgment was entered for the defendants. We must view the evidence in the light most favorable to the defendants, despite contradictory evidence offered by the plaintiffs. Atlas Hotel Supply v. Baney, 273 Or. 731, 543 P.2d 289 (1975).<...

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