SMALL v. SPENCER

121,080; CA A34206.

728 P.2d 85 (1986)

82 Or.App. 324

Oren E. SMALL and Cyrilla C. Small, Husband and Wife, Respondents, v. Betty Jane SPENCER, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1986.


Attorney(s) appearing for the Case

Donald M. Kelley, Silverton, argued the cause for appellant. With him on the brief was Kelley & Kelley, Silverton.

Norman F. Webb, Salem, argued the cause for respondents. With him on the brief was Webb & Martinis, Salem.

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


ROSSMAN, Judge.

This proceeding involves a controversy between two adjoining neighbors over the ownership of a narrow triangular strip of real property about 242 feet long (north-south) and 30 feet wide (east-west) at the base. The trial court concluded that the evidence pertaining to adverse possession did not resolve the case, but held that plaintiffs had established their "right to possession" based on the "chain of title evidence." Defendant appeals, contending...

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