FORM 64-1 COMPLAINT BY REMAINDERMAN

JurisdictionOregon

Form 64-1 Complaint by Remainderman

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF___

__________ Plaintiff,

v.

__________ Defendant.

Case No.___

COMPLAINT (CIVIL ACTION TO ENJOIN TIMBER REMOVAL)

CLAIM NOT SUBJECT TO MANDATORY ARBITRATION

Plaintiff alleges:

1.

On December 25, 1985, John Smith conveyed to plaintiff Eldon Jones by deed the real property in Lane County, Oregon, described in Exhibit 1 attached and incorporated in this complaint by reference, subject to an estate in defendant Henry Longlife for his lifetime.

2.

The real property's prime use is for the grazing of cattle. There is also a substantial stand of timber on the property.

3.

Defendant has willfully and intentionally felled, removed, and sold timber for his own account from the stand on the real property and has refused plaintiff's demand to stop such activities.

4.

Plaintiff has no adequate remedy at law.

5.

Plaintiff demands judgment against defendant (a) enjoining defendant from felling any trees on the real property, and (b) awarding plaintiff $30,000 as an amount treble the...

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