MATTOON v. CLAYBORN

No. E78-0307; CA 12868.

602 P.2d 657 (1979)

42 Or.App. 893

Sylvia MATTOON, Appellant, v. Charles CLAYBORN and Zelda Joyce Clayborn, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided October 29, 1979.


Attorney(s) appearing for the Case

James C. Farrell, Roseburg, argued the cause and submitted the brief for appellant.

George W. Neuner, Roseburg, argued the cause for the respondents. With him on the brief was Neuner, Dole, Caley & Kolberg, Roseburg.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.


CAMPBELL, Judge.

Plaintiff as the record owner, sought to quiet title to .25 acres of real property. The trial court entered a decree that the defendants were the owners of the property by virtue of adverse possession. Plaintiff has appealed and we affirm.

The plaintiff argues that the trial court erred in its evaluation of the testimony and that defendants did not establish the elements of adverse possession by clear and positive proof.

In 1962, plaintiff...

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