Legal Opinion

Walter v. Martinson

Oregon Supreme Court

Decided October 14, 1976PublishedCited by 6 opinions

1Opinion of the CourtTongue, J.

By this suit plaintiffs seek a decree that they are the owners by prescription of an easement for a road across defendants’ land in Linn County and that defendants be enjoined from interfering with plaintiffs’ use of that road. Defendants appeal from a decree in favor of plaintiffs.

Plaintiffs purchased their property in 1948. Their immediate predecessor, George Griffin, homesteaded that property in about 1896. The road has been in existence since about 1897. Mr. Griffin used the road from that time until he sold the property to plaintiffs.

Plaintiffs also used the road as access to and from…

2Cases cited3 opinions

  1. Feldman Et Ux. v. Knapp Et Ux.Oregon Supreme Court · 1952
  2. Woods v. HartOregon Supreme Court · 1969
  3. Davis v. GassnerOregon Supreme Court · 1975

3Cited by6 opinions

  1. Keidel v. RaskNorth Dakota Supreme Court · 1980
  2. Hash v. SofinowskiSupreme Court of Pennsylvania · 1985
  3. Kondor v. ProseCourt of Appeals of Oregon · 1981
  4. Firebaugh v. BoringOregon Supreme Court · 1980
  5. Cunningham v. Otero County Electric Cooperative, Inc.New Mexico Court of Appeals · 1992

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