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ROSS v. WEBER

No. 41348; CA A20000.

642 P.2d 352 (1982)

Frank ROSS and Sally Ross, Husband and Wife, Respondents, v. Wayne WEBER and Maxine Weber, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Argued and Submitted October 21, 1981.

Reconsideration Denied April 27, 1982.

Attorney(s) appearing for the Case

Stuart M. Brown, Eugene, argued the cause for appellants. With him on the brief was Young, Horn, Cass & Scott, Eugene.

James H. Anderson, Eugene, argued the cause for respondents. With him on the brief was Thompson, Mumford, Anderson & Fisher, Eugene.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendants appeal a trial court decree granting plaintiffs an easement for ingress and egress over defendants' property and enjoining defendants from interfering with or hindering plaintiffs' use and enjoyment of that easement. When defendants purchased the servient estate, the easement was unrecorded. They contend that as bona fide purchasers without notice they took their property free of the easement. The trial court found defendants were...

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