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GARRETT v. LUNDGREN

No. 8407; CA No. 11653.

596 P.2d 1318 (1979)

41 Or.App. 23

Lyle W. GARRETT, Respondent, v. Carl Henry LUNDGREN, Jr., the Unknown Heirs of Carl Henry Lundgren, Sr., Olive Haley, W.A. Kessler, the Unknown Heirs of John Kessler, Deceased, the Unknown Heirs of George Zook, Deceased, Harold I. Tenhaeff, the Unknown Heirs of Jacob H. Tenhaeff, Deceased, George M. Pring, the Unknown Heirs of Edwin Dale White, Deceased, the Unknown Heirs of Orlean White, Deceased, Pauline B. Threlkeld, Neil Clarence Threlkeld, the Unknown Heirs of Richard L. Threlkeld, Deceased, the Unknown Heirs of Frank Meagher Stuart, Deceased, Gordon V. McCorkell, Jean J. Racquemore, the Unknown Heirs of Gordon W. McCorkell, Deceased, the Unknown Heirs of Elijah Parr, Deceased, Ruth Parr, and Also All Other Parties and Persons Unknown, Having or Claiming to Have Any Right, Title, Estate, Lien or Interest in or to the Following Described Real Property, Defendants, Donald R. Zook, Phillip G. Threlkeld, Fern Adrienne Wetzel Stuart, and Millicent Ruth Byrnes, Defendants-Appellants.

Court of Appeals of Oregon.

Decided July 2, 1979.

Attorney(s) appearing for the Case

Donald R. Crane, Klamath Falls, argued the cause and filed the briefs for appellants.

Forrest E. Cooper, Lakeview, argued the cause and filed the brief for respondent.

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

LEE, Judge.

This is a suit in equity to quiet title to five ten-acre parcels adjacent to property owned by plaintiff. Defendants counterclaimed in trespass for the rental value of the parcels. The court rendered a decree in favor of plaintiff, finding that adverse possession had been established for the requisite ten-year period. Defendants contend that plaintiff's possession was not under claim of right or color of title for the requisite period because (1) he knew...

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