Arbogast v. Pilot Rock Lumber Company

215 Or. 579, 336 P.2d 329 (1959)

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Arbogast v. Pilot Rock Lumber Company

Oregon Supreme Court
215 Or. 579, 336 P.2d 329 (1959)

  • Written by Tanya Munson, JD

Facts

Amelia Hector owned an 80-acre tract of land in Grant County, Oregon (Hector tract). In 1924, Hector conveyed timber on the Hector tract to Hewitt Land Company (Hewitt). Herman H. Rosenboom and Andrew Edling also conveyed timber on their nearby 160-acre tract (Rosenboom-Edling tract) to Hewitt. Both deeds were identical in form and conveyed to Hewitt “all of the Timber and Logs now standing, laying and being upon the following described tract of land. . . .” Before 1951, Elmer Arbogast (plaintiff) acquired Rosenboom’s and Edling’s interests in the Rosenboom-Edling tract. In 1952, Arbogast acquired Hector’s interest in the Hector tract. Pilot Rock Lumber Company (Lumber Co.) (defendant) was a successor in interest to all the timber conveyed to Hewitt by the Hector and Rosenboom-Edling deeds. Arbogast brought suit against Lumber Co. seeking a declaratory judgment that Arbogast, as the owner of the tracts of land, was entitled to all timber on the tracts that was not deemed acceptable for cutting into saw logs and manufactured into lumber in 1924 when Hewitt first obtained an interest in the timber. The district court found in favor of Arbogast. Lumber Co. appealed.

Rule of Law

Issue

Holding and Reasoning (Warner, J.)

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