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BIGELOW v. WILEY MT. INC.

16-97-10590; A106530.

26 P.3d 162 (2001)

174 Or. App. 538

Elsie J. BIGELOW and John H. Bigelow II, Appellants, v. WILEY MT. INC.; Shelley P. Smith; and William Kelley, Respondents.

Court of Appeals of Oregon.

Decided June 6, 2001.

Attorney(s) appearing for the Case

Janet M. Schroer, Portland, argued the cause for appellants. With her on the opening brief was Hoffman, Hart & Wagner.

Larry O. Gildea, Dexter, argued the cause and filed the brief for respondents.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

SCHUMAN, J.

Plaintiffs appeal from a trial court judgment declaring that defendants have an easement across their property and denying plaintiffs' motion for a directed verdict to quiet their title as against defendants. We vacate the judgment and remand with instructions to enter a judgment quieting plaintiffs' title as against defendants.

Plaintiffs and defendants1 own property in Lane County. Defendants' five tax lots lie to...

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