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HAMMACK v. OLDS

9274; CA A43318.

761 P.2d 541 (1988)

93 Or.App. 161

Vernon C. HAMMACK and Dorothy J. Hammack, Husband and Wife, Respondents, v. Harry W. OLDS and Myrna Lee Olds, Husband and Wife, Third-Party Plaintiffs-Appellants. Ned W. Barnhart and Paulette L. Barnhart, Husband and Wife, Defendants, v. Vernice C. Juker, Third-Party Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 14, 1988.

Reconsideration Denied November 25, 1988.

Attorney(s) appearing for the Case

Raymond S. Baum, La Grande, argued the cause for respondents. With him on the brief was Helm, Baum & Riedlinger, La Grande.

George W. Kelly, Eugene, argued the cause and filed the briefs for appellants.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendants1 appeal a judgment that set the boundary between their property (the north tract) and plaintiffs' property (the south tract) and awarded $1,326 in damages to plaintiffs for the loss of use and damage to real property. The primary issue is whether the boundary between the north and south tracts was established in 1954 "by agreement." We review de novo and affirm.

The disputed boundary runs east and...

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