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NICE v. PRIDAY

CC-93-60; CA A86133.

905 P.2d 252 (1995)

137 Or. App. 620

Lester W. NICE and Lela Mae Mundy, Respondents, v. John Warren PRIDAY, Patricia Priday and John Annan Priday, Appellants, and Douglas A. Lyon and Penelope K. Treeby, as Co-Personal Representatives of the Estate of Mary Folmsbee, Deceased, Respondents.

Court of Appeals of Oregon.

Decided November 15, 1995.

Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause for appellants. With him on the briefs was Harold D. Gillis, P.C.

Claud A. Ingram, Eugene, argued the cause for respondents. With him on the brief was Stephen D. Dixon, Bend.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendants Priday (defendants) appeal a judgment granting a prescriptive easement through their property and awarding damages for interference with that easement. We reverse.

Personal representatives for the Estate of Mary Folmsbee (the estate) hold title to a 160-acre tract known as the Ward Creek property. In June 1993, plaintiffs entered into an earnest money agreement with the estate to purchase the property. The only automobile access...

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