OWENS v. BARTRUFF

TC 79-11-133; CA A20622; SC 28929.

687 P.2d 1072 (1984)

297 Or. 610

David OWENS and Marie Owens, Petitioners On Review, v. Merrill BARTRUFF and Collette Bartruff, Respondents On Review.

Supreme Court of Oregon.

Decided August 28, 1984.


Attorney(s) appearing for the Case

A. Gregory McKenzie, Oregon City, argued the cause for respondents on review. James C. Tait and Canning, Tait & McKenzie, P.C., Oregon City, filed the briefs.

Gerald R. Pullen, Portland, argued the cause for petitioners on review and filed the brief in the Court of Appeals.

Before LENT, C.J., and LINDE, PETERSON, CAMPBELL, ROBERTS and CARSON, JJ.


CARSON, Justice.

This declaratory judgment proceeding presents the question whether a vendee in an executory land sale contract may adversely possess other land owned by a vendor which land is contiguous to the land entered and possessed pursuant to the contract. We answer the question in the affirmative.

In 1961, plaintiffs sold by contract lots 6 and 7, in block 8, Cedar Fir Park, in the community of Zig Zag, to defendants' predecessor in interest, the mother...

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