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BEAN v. KMETIC

No. 86270; SC 24726.

580 P.2d 1022 (1978)

282 Or. 739

James H. BEAN and Helen Bean, Husband and Wife, Respondents/Cross-Appellants, v. F.W. KMETIC and Mary Kmetic, Husband and Wife, Appellants, and Doris Phillips, Personal Representative of the Estate of Minnie E. Jewell, Deceased, Respondent.

Supreme Court of Oregon, Department 2.

Decided June 27, 1978.

Attorney(s) appearing for the Case

C. Brian Scott, Oregon City, argued the cause for appellants. With him on the briefs were Schumaker & Bernstein, Oregon City.

John C. Caldwell, Oregon City, argued the cause for respondents/cross-appellants Bean. With him on the brief were Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

John C. Anicker, Jr., Oregon City, for respondent Phillips.

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

BRYSON, Justice.

This is a boundary dispute proceeding brought pursuant to ORS 105.705 to 105.725. The following diagram, not to scale, illustrates the area in controversy.

Plaintiffs contend the boundary line is that established by the Kucera survey. Defendants contend that the boundary line is established by the McIntosh survey. The property of the plaintiffs Bean lies to the south of the property of the defendants Kmetic. Each party owns...

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