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G.R. KIRK CO. v. PORT OF NEWPORT

No. 35920; CA 10941.

594 P.2d 845 (1979)

40 Or.App. 49

G.R. KIRK COMPANY, a Washington Corporation, Respondent, v. PORT OF NEWPORT, a Municipal Corporation, Respondent, Jack Lee Graham and Charlene Ruth Lockman, Co-Personal Representatives of the Estate of Verne Ross, Edith McElwain, the Unknown Heirs and Devisees of Fred C. Ross, the Unknown Heirs and Devisees of Jack Lynn Ross, the Unknown Heirs and Devisees of Ethel Bateman, the Unknown Heirs and Devisees of Molly L. Graham, the Unknown Heirs and Devisees of Grace D. Carroll, and All Other Persons or Parties Unknown Claiming Any Right, Title, Estate Lien or Interest in the Real Property Described in the Complaint Herein, and Vernie Hansen, One of the Heirs of Edith McElwain, Appellants.

Court of Appeals of Oregon.

May 7, 1979.

Attorney(s) appearing for the Case

James M. Gillis, Newport, argued the cause for appellants Jack Lee Graham and Charlene Ruth Lockman, Co-Personal Representatives of the Estate of Verne Ross, Edith McElwain, the unknown heirs and devisees of Fred C. Ross, the unknown heirs and devisees of Jack Lynn Ross, the unknown heirs and devisees of Ethel Bateman, the unknown heirs and devisees of Molly L. Graham, the unknown heirs and devisees of Grace D. Carroll, and all other persons or parties unknown claiming any right, title, estate lien or interest in the real property described in the complaint herein. With him on the briefs was Litchfield, MacPherson, Carstens & Gillis, Newport.

J. Michael Alexander, Salem, argued the cause for appellant Vernie Hansen. With him on the briefs was Brown, Burt & Swanson, P.C., Salem.

Larry A. Brisbee, Hillsboro, waived appearance for respondent G.R. Kirk Co.

Charles F. Adams, Portland, argued the cause for respondent Port of Newport. With him on the brief were Davies, Biggs, Strayer, Stoel & Boley, Portland, and Minor, Yeck & Beeson, Newport.

Before SCHWAB, C.J., and BUTTLER and JOSEPH, JJ.

BUTTLER, Judge.

This proceeding was commenced by plaintiff to quiet title to certain tidelands. That dispute was settled during the litigation and is not involved here. The defendants Port of Newport and the heirs and successors of Ethel O. Ross, however, asserted cross claims to quiet title to the ownership of Lots 3 and 4. This appeal involves only the cross claims.

In February, 1928, Ethel O. Ross obtained from Lincoln County a deed conveying to her real...

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