Ray v. Davis

This is a proceeding instituted by plaintiffs to obtain a statutory way of necessity over the land of defendants. Plaintiffs appeal and defendant Davis cross-appeals from a decree of the circuit court for Umatilla county remanding the case to the county court for further proceedings.

Plaintiffs filed a petition with the county clerk of Umatilla county praying for a statutory way of necessity from their farm to a public road. (ORS 376.105 to 376.145). The petition alleged that plaintiffs’ farm was not reached conveniently by any public road and that it was necessary that plaintiffs and the…