YOUNG v. REYNOLDS METALS CO.

No. 81-3145.

685 F.2d 1091 (1982)

David Charles YOUNG, individually and as Personal Representative of the Estate of Stephen B. Young, Deceased; Stephen John Young; Ethel Ohelan; Frank L. Gaman and Pauline Gaman, Plaintiffs-Appellants, v. REYNOLDS METALS COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1982.


Attorney(s) appearing for the Case

George G. Vannatta, Vannatta & Petersen, St. Helens, Or., for plaintiffs-appellants.

Rick Haselton, Lindsay, Hart, Neil & Weigler, Portland, Or., for defendant-appellee.

Before CHOY, TANG, and BOOCHEVER, Circuit Judges.


CHOY, Circuit Judge:

We must determine who has the right to timber located on property in Oregon under a reservation clause in a deed. Because the district court misapplied Oregon law in interpreting the deed, we reverse and remand.

I. Facts

In May 1947, the Gamans executed a deed conveying 23 acres of real property in Oregon to Alcoa Mining Company in exchange for $6,000. The deed imposed the following limitations on the conveyance:

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