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ELLIS v. MUNICIPAL RESERVE AND BOND CO.

No. CC80-85; CA A21304.

655 P.2d 204 (1982)

60 Or.App. 567

Donald D. ELLIS and Mildred R. Ellis, Husband and Wife, Appellants, v. MUNICIPAL RESERVE AND BOND COMPANY, a Dissolved Oregon Corporation, and the Unknown Heirs of the Deceased Unknown Stockholders of the Municipal Reserve and Bond Corporation, All Stockholders and Also All Other Persons or Parties Unknown Claiming Any Right, Title, Lien or Interest in the Property Described in the Company; and Clatsop County, Oregon, a Municipal Corporation of the State of Oregon, Defendants, George Durham, Mrs. George Durham, Charles Frost, Doris Frost, George Rothert, Marcia Rothert, Ferrel Spencer, Gladys Spencer, Brian McDonough, Hasseltine McDonough, William Spencer, Janice Spencer, Vernon Skeels, Mrs. Vernon Skeels, Elesebith (Bridget) Snow, Michael Graham, Mrs. Michael Graham, Kent Price, Florence Price, James Morrison, Noanie Morrison, Elsie Wood, Dieter Fritzsche, John Mersereau, Jack Nethercott, Betty Nethercott, Debbie Johnson, Charles L. Smith, Margy Smith, William J. Walsh, Peter Szambelan, Isabelle Szambelan, Sara H. Peasley, Robert A. Hanley, Marsha Hanley, Roger Yost, Barbara Yost, James T. Moran, Betty Moran, H.E. Hendrickson, Mae Hendrickson, Merle A. Akeson, Mrs. Merle A. Akeson, Walter Wiebenson, Robert Womack, Ellen Womack, John Tyrell, Travis M. Tyrell, Irene C. Tyrell, Frank M. Tunno, Mrs. Frank M. Tunno, Jeremy Grand and Carmen Grand, Respondents.

Court of Appeals of Oregon.

Decided December 8, 1982.

Attorney(s) appearing for the Case

W. Louis Larson, Astoria, argued the cause for appellants. With him on the appellants' brief was Larson & Fischer, Astoria. On the reply brief was Robert C. Moberg, Astoria.

Dan Van Thiel, Astoria, argued the cause for respondents. With him on the brief was Anderson, Fulton, Lavis & Van Thiel, Astoria.

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

WARREN, Judge.

Plaintiffs appeal from a decree in a suit to quiet title involving three parcels of land as shown below, adjoining or near Lots 8, 9 and 10, Block 43, of the Cannon Beach Park Extension subdivision.

Parcel 1 is the beach frontage west of lots 8, 9 and 10. Parcel 2, the subject of this appeal, is the beach frontage west of Webb Avenue with approximate dimensions of 60 feet by 120 feet. Parcel 3 is the beach frontage south and...

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