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COPELAND SAND & GRAVEL v. ESTATE OF DILLARD

11CV0323; A154147.

341 P.3d 187 (2014)

267 Or. App. 791

COPELAND SAND & GRAVEL, INC., an Oregon corporation, Plaintiff-Respondent, v. ESTATE OF Angeline DILLARD, aka Angeline Smith Dillard; Jane D. Evans; and also all other persons or parties unknown claiming any right, title, lien or interest in the property described in the complaint herein, Defendants, and Richard Skidmore, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2014.

Attorney(s) appearing for the Case

Eric B. Mitton argued the cause for appellant. With him on the briefs was Hornecker, Cowling, Hassen & Heysell, L.L.P.

Clark E. Rasche argued the cause for respondent. With him on the brief were James R. Dole and Watkinson Laird Rubenstein Baldwin & Burgess, P.C.

Before DUNCAN, Presiding Judge, and LAGESEN, Judge, and FLYNN, Judge.

This case concerns a dispute over the scope of a mineral rights reservation contained in a warranty deed that was executed in 1954 in Josephine County, Oregon. Defendant Skidmore, current owner of the mineral rights reservation, appeals a judgment of the trial court declaring that his rights "do not include any rights to sand, gravel,...

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