KNAPP v. DAILY

L86-2234; CA A47546.

772 P.2d 1363 (1989)

96 Or.App. 327

McClellan O. KNAPP and Dorothy B. Knapp, Husband and Wife, Appellants, v. Bruce DAILY and Tina Daily, Husband and Wife; Fielding Cooley and Stella Cooley, Husband and Wife; Frank Sanders and Marie Rorvik, Respondents.

Court of Appeals of Oregon.

Argued and Submitted November 28, 1988.


Attorney(s) appearing for the Case

Rod R. Johnson, Roseburg, argued the cause and filed the briefs for appellants.

William C. Wolke, Roseburg, argued the cause for respondents. With him on the brief was Wolke & Mays, Roseburg.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Plaintiffs appeal from a judgment denying their claim for the cost of one-half of a fence built between their property and that of defendants and awarding defendants damages for timber trespass. We affirm.

Plaintiffs replaced a one mile long livestock fence that separated plaintiffs' and defendants' ranches. The old fence, which had been standing for over 40 years, meandered back and forth across the straight property line described in the deeds...

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