SHOULDERBLADE v. OSBORN

No. 80-847; CA A22276.

652 P.2d 836 (1982)

60 Or.App. 12

Gladys SHOULDERBLADE, Personal Representative for the Estate of Josie Godowa Foster, Deceased, Appellant, v. Floyd L. OSBORN and Russell G. Walsh and Edith G. Walsh, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided October 27, 1982.


Attorney(s) appearing for the Case

Phil Studenberg, Klamath Falls, argued the cause and filed the brief for appellant.

William L. Sisemore, Klamath Falls, argued the cause and filed the brief for respondents.

Before JOSEPH, C.J., and THORNTON and VAN HOOMISSEN, JJ.


THORNTON, Judge.

Plaintiff, personal representative of the estate of Josie Godowa Foster, sued to quiet title to a parcel of land, claiming that the deed re-recorded by defendants for a neighboring parcel, which decedent had previously sold to defendant Osborn, contained an easement running through Foster's parcel that was never granted. Defendants counterclaimed for reformation of the original deed by which Foster had conveyed the allegedly dominant parcel, maintaining...

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