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THOMPSON v. SCHUH

TC 20846; SC 25574.

593 P.2d 1138 (1979)

286 Or. 201

Frank J. THOMPSON and Virginia C. Thompson, Husband and Wife, Appellants, v. Gilbert E. SCHUH and Louise E. Schuh, Husband and Wife, Respondents.

Supreme Court of Oregon, Department No. 1.

Decided April 24, 1979.

Attorney(s) appearing for the Case

Bert E. Joachims, of Klosterman & Joachims, Portland, argued the cause and filed a brief, for appellants.

Harold L. Olsen, of Vagt, Olsen & Coon, St. Helens, argued the cause and filed a brief, for respondents.

Before DENECKE, C.J., and HOLMAN, HOWELL and LENT, JJ.

LENT, Judge.

Plaintiffs (Thompson) appeal from a decree by the trial court declaring that they have no rights to use a roadway located on defendants' (Schuh) land. This is a suit in equity with two counts, the first seeking a declaration that plaintiffs acquired by prescription an easement in common with defendants for ingress and egress to their Columbia County property. The second count, also seeking a declaration that...

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