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ROSE v. ROSE

566 P.2d 180 (1977)

279 Or. 27

Joseph W. ROSE and Betty Rose, Husband and Wife, Appellants, v. Theodore M. ROSE, Respondent, and David W. Freeman and Sharon K. Freeman, Husband and Wife, Intervenors-Respondents.

Supreme Court of Oregon, Department 2.

Decided July 6, 1977.

Attorney(s) appearing for the Case

Wayne C. Rapp, Reeder & Rapp, Hillsboro, argued the cause and filed the brief for appellants.

H. Kenneth Zenger, Huffman & Zenger, Hillsboro, argued the cause and filed the brief for respondent and intervenors-respondents.

Before HOWELL, Presiding Judge, and LENT, LINDE and TOMPKINS, Justices.

TOMPKINS, Justice, pro tem.

This is a suit in equity in which plaintiffs seek to establish an access easement across land of defendants-intervenors. Defendant claims a leasehold interest in that portion of the land lying in the roadway. Answering separately, both defendant and defendants-intervenors counterclaimed for injunctions to prevent plaintiffs from using the roadway and for incidental money damages allegedly resulting from trespasses by plaintiffs in using...

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