FIREBAUGH v. BORING

TC CC77-578; CA 11050.

591 P.2d 421 (1979)

39 Or.App. 189

L. David FIREBAUGH and Irene Firebaugh, Husband and Wife, Respondents, v. Erwin L. BORING and Lorna L. Boring, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided March 5, 1979.


Attorney(s) appearing for the Case

E. Daniel Van Thiel, of Anderson, Fulton, Lavis & Van Thiel, Astoria, argued the cause and filed the brief for appellants.

Thomas E. Sweeney, Cannon Beach, argued the cause and filed the brief for respondents.

Before BUTTLER, P.J., JOSEPH, J., and TONGUE, J. Pro Tem.


TONGUE, Judge Pro Tem.

This is a suit to quiet title to a prescriptive easement and to enjoin defendants from interfering with its use. The trial court entered a decree in favor of plaintiffs, based upon findings that plaintiffs had established by clear and convincing evidence that their use of the roadway in question had been open, exclusive, continuous, under claim of right for the appropriate statutory period and in a manner sufficiently hostile so that plaintiffs...

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