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HIGH v. DAVIS

TC 3636, TC 3630; SCP-2486.

584 P.2d 725 (1978)

283 Or. 315

Wallace HIGH, Richard Atchison, Charles L. Milbrandt and Robert Lovell, Appellants, v. Luther DAVIS and Helen E. Davis, Husband and Wife, Skyline Enterprises, Inc., Lomas & Nettleton Financial Corp., and Cascade Aviation, Inc., Respondents. The Lomas & Nettleton Company, a Connecticut Corporation, Respondent, v. Skyline Enterprises, Inc., an Oregon Corporation, et al., Defendants, Wallace E. High, Richard G. Atchison, Charles L. Milbrandt, Robert S. Lovell, Floyd Thomas Morrell, James McFarland and Deane Stearns, Appellants.

Supreme Court of Oregon, In Banc.

Decided September 12, 1978.

Attorney(s) appearing for the Case

Brad Littlefield, of Goldsmith, Siegel, Engel & Littlefield, Portland, argued the cause and filed the briefs for appellants.

Gile R. Downes, of Jensen, DeFrancq, Holmes & Schulte, Portland, argued the cause for respondents The Lomas & Nettleton Co. and Lomas and Nettleton Financial Corp. With him on the brief was Ted Jensen, of Jensen, DeFrancq, Holmes & Schulte, Portland.

TONGUE, Justice.

These two suits were consolidated on appeal because of the identity of issues raised. In the first case filed Wallace High and others (hereinafter "claimants") sought a declaratory judgment that they were entitled to exclusive and perpetual hunting, fishing and recreational rights on certain real property formerly owned by Luther Davis and that their rights were superior to the rights of Lomas & Nettleton. The second case was a suit by Lomas ...

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