WITT v. REAVIS

No. 76-5500; SC 25522.

587 P.2d 1005 (1978)

284 Or. 503

Robert L. WITT and Edna Mae Witt, Husband and Wife, Appellants, v. Gerald REAVIS and Donna Reavis, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 2.

Decided December 5, 1978.


Attorney(s) appearing for the Case

Ronald L. Gould, Coos Bay, argued the cause for appellants. With him on the briefs were Orrin R. Ormsbee, and McNutt, Gant & Ormsbee, Coos Bay.

Stanton F. Long, Eugene, argued the cause for respondents. With him on the brief were Joyce Holmes Benjamin, and Johnson, Harrang & Mercer, Eugene.

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


BRYSON, Justice.

Plaintiffs Robert and Edna Witt brought this suit to establish an easement by prescription over an existing road on the property of defendants Gerald and Donna Reavis. Plaintiffs also sought to enjoin defendants from interfering with plaintiffs' use of the road and requiring defendants to keep the road in good repair. The trial court entered a decree in favor of defendants and made the following findings:

"1. An easement by prescription for...

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