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BRALEY v. HESS

No. E78-3052; CA No. 15999.

617 P.2d 308 (1980)

48 Or.App. 505

Gaston G. BRALEY, Sr., and Pearl M. Braley, Husband and Wife, Robert C. Braley and Ella Marie Braley, Husband and Wife, and Gaston G. Braley, Jr. and Imogene Braley, Husband and Wife, Appellants, v. Karl R. HESS and Milton W. Bedortha, Lonnie Lee Bunce and Kathryn June Bunce, Respondents.

Court of Appeals of Oregon.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Robert H. Anderson, Roseburg, argued the cause for appellants. With him on the brief were Edward M. Murphy and Anderson, Gegavske & Seitz, Roseburg.

Herb Lombard, Eugene, argued the cause for respondents. With him on the brief were Warren T. DeLaVergne, Drain, and Lombard, Gardner, Honsowetz & Brewer, Eugene.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

Plaintiffs brought suit to quiet title in a strip of land included within the description of the property contained in their deed. Defendants filed a counterclaim (erroneously labeled "cross-complaint") seeking title to the strip on the basis of adverse possession. The trial court found for defendants and plaintiffs appeal.

First, we note that the issue is adverse possession. Plaintiffs contend that the trial

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