KITZEROW v. REINHARDT

82-2-191; CA A32707.

704 P.2d 132 (1985)

74 Or.App. 582

James H. KITZEROW and Fran J. Kitzerow, Husband and Wife, Appellants, v. Justin REINHARDT and Beatrice Reinhardt Husband and Wife, Respondents, Bob Christensen, Doing Business under the Unregistered Name of Donison Enterprises and Publishers Paper Co., a Delaware Corporation, Defendants.

Court of Appeals of Oregon.

Decided July 17, 1985.


Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause and filed the briefs for appellants.

Ridgeway K. Foley, Jr., Portland, argued the cause for respondents. On the brief were Mildred J. Carmack, Mark H. Wagner, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

In this quiet title action plaintiffs seek a determination that they are the true owners of a disputed strip of land between their property and that of defendants Reinhardt. The land is within the description of plaintiffs' deed; defendants claim ownership by adverse possession. The trial court found for defendants and quieted title in them. We hold that defendants' action in planting trees on the strip, together with the minimal additional effort they...

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