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RATH v. HAYCOCK

93-CV-124 and 93-CV-125; CA A84344.

905 P.2d 854 (1995)

137 Or. App. 456

Robert E. RATH and Sonja R. Rath, husband and wife, as Trustees of Robert E. Rath and Sonja R. Rath Trust, Appellants, v. Edwin B. HAYCOCK and Marcia K. Haycock, husband and wife, Respondents. Edwin B. HAYCOCK and Marcia K. Haycock, husband and wife, Respondents, v. Robert E. RATH and Sonja R. Rath, as Trustees of the Robert E. Rath and Sonja R. Rath Trust under Declaration of Trust dated October 28, 1991, Appellants.

Court of Appeals of Oregon.

Decided November 8, 1995.

Attorney(s) appearing for the Case

Richard A. Stark, Medford, argued the cause for appellants. With him on the briefs was Stark and Hammack, P.C., Medford.

John C. Babin, Brookings, argued the cause for respondents. With him on the brief was Babin and Keusink, P.C., Brookings.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Plaintiffs appeal from a judgment quieting title in defendants to a small strip of land and denying plaintiffs an easement on a road on defendants' property. On de novo review, ORS 19.125(3), we affirm the trial court's determination as to the ownership of the road, but reverse its award of attorney fees to defendants.

Plaintiffs and defendants own adjoining properties in Curry County.1 Plaintiffs' property...

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