BRUNSWICK v. RUNDELL

91CV 2888CC; CA A76551.

869 P.2d 886 (1994)

126 Or. App. 582

Louise G. BRUNSWICK, fka Louise G. Whipple, Appellant, v. Michael Gary RUNDELL and E. Jean Rundell, Respondents.

Court of Appeals of Oregon.

Decided March 2, 1994.


Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, argued the cause for appellant. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C.

Wallace D. Cegavske, Roseburg, argued the cause for respondents. With him on the brief was Cegavske, Johnston & Associates, P.C.

Before DEITS, P.J., and RIGGS, J., and DURHAM, J. Pro Tem.


RIGGS, Judge.

Plaintiff appeals from a judgment dismissing her action for ejectment and declaring that defendants had established a boundary by agreement. We reverse.

Plaintiff owns land lying north of defendants' property. Where the properties adjoin, they are timber land. Plaintiff's predecessor in interest, Whipple, now deceased, was friendly with defendants. An old, straight fence once followed the boundary line between the two properties. In 1974, Michael...

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