DAVENPORT v. GRUBER

88-3702; CA A61071.

826 P.2d 59 (1992)

111 Or.App. 280

Leonard DAVENPORT and Katie Davenport, Husband and Wife, Respondents, v. Matthew GRUBER and Alice Gruber, Husband and Wife, Appellants.

Court of Appeals of Oregon, In Banc.

Resubmitted September 18, 1991.

Decided February 12, 1992.


Attorney(s) appearing for the Case

Nancy G. Neslund, Salem, argued the cause for appellants. On the briefs were William D. Brandt and Clayton C. Patrick, Salem.

Michael J. Bandonis, Newport, argued the cause for respondents. With him on the brief was Minor, Beeson & Boone, Newport.


Resubmitted In Banc September 18, 1991.

BUTTLER, Judge.

Plaintiffs brought this action to quiet title to standing timber. The trial court granted plaintiffs' motion for summary judgment and denied defendants' motion for summary judgment. We affirm.

The material facts are not in dispute. In 1952, the Irishes owned the timber, as well as the underlying real property. In that year, they sold "all merchantable fir, spruce and hemlock timber" on the real...

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