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DICK FELIX, INC. v. GILLETTE

No. 78-12-339; CA 19986.

646 P.2d 629 (1982)

57 Or.App. 717

DICK FELIX, INC., an Oregon Corporation, Respondent-Cross-Appellant, v. Cyril O. GILLETTE, Appellant-Cross-Respondent, Sharon R. Gillette, Appellant-Cross-Respondent. Cyril O. Gillette and Sharon R. Gillette, Appellants-Cross-Respondents, v. Mel J. Hickman, Jan Hickman, Kenneth B. McCague and Bertha E. McCague, Respondents-Cross-Respondents.

Court of Appeals of Oregon.

Decided June 9, 1982.

Attorney(s) appearing for the Case

Katherine H. O'Neil, Portland, argued the cause for appellants — cross-respondents. With her on the briefs were Daniel F. Knox and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Dennis H. Elliott, Portland, argued the cause for respondent — cross-appellant. On the brief were Sandra Campbell-Stout and O'Connell, Goyak & Ball, P.C., Portland.

Margaret H. Leek Leiberan, Portland, argued the cause for respondents — cross-respondents. With her on the brief was Lang & Smith, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

This case involves an alleged timber trespass and conflicting claims of title to a 3.25-acre tract of land in Clackamas County. The trial court awarded plaintiff (Felix) double damages for timber trespass, dismissed defendant's (Gillette) counterclaim to quiet title in him and his wife1 on the basis of adverse possession by their predecessors in title and found against defendant and his wife on their third-party complaint...

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