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ALGER v. SMITH

93-CV-0252 and 93-CV-0249; CA A89677.

948 P.2d 1244 (1997)

151 Or. App. 47

Charles R. ALGER, Appellant, v. Larry L. SMITH and Sylvia L. Smith, Trustees under the Smith Loving Trust dated April 29, 1991; Angel Navarro and Debra Navarro, Respondents. Angel NAVARRO and Debra Navarro, Respondents, v. Charles R. ALGER, Appellant.

Court of Appeals of Oregon.

Decided October 22, 1997.

Attorney(s) appearing for the Case

John E. (Jack) Davis, Grants Pass, argued the cause and filed the brief for appellant. With him on the brief was Myric, Seagraves, Adams, Davis & Preslar.

Larry B. Workman, Medford, argued the cause and filed the brief for respondents Angel Navarro and Debra Navarro.

No appearance for respondents Larry L. Smith and Sylvia L. Smith.

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

EDMONDS, Judge.

Plaintiff Alger and defendants Navarro own adjacent properties. Defendants Smith are the common grantors of both properties. The dispute in this case involves the use of two roads across Navarros' property for access to Alger's property. The trial court declared an easement by implication in favor of Alger, limited in scope, over one of the roads. Alger appeals and assigns error to the trial court's decision not to reform his deed from the Smiths to...

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