Young v. Reynolds Metals Company

685 F.2d 1091 David Charles YOUNG, individually and as Personal Representative of the Estate of Stephen B. Young, Deceased; Stephen John Young; Ethel Ohelan; Frank L. Gaman and Pauline Gaman, Plaintiffs- Appellants, v. REYNOLDS METALS COMPANY, a corporation, Defendant-Appellee. No. 81-3145. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 1982. Decided Aug. 27, 1982. George G. Vannatta, Vannatta & Petersen, St. Helens, Or., for plaintiffs-appellants. Rick Haselton, Lindsay, Hart, Neil & Weigler, Portland, Or., for defendant-appellee. Appeal from the United States District Court for the District of Oregon. Before CHOY, TANG, and BOOCHEVER, Circuit Judges. CHOY, Circuit Judge: 1 We must determine who has the right to timber located on property in Oregon under a reservation clause in a deed. Because the district court misapplied Oregon law in interpreting the deed, we reverse and remand. I. Facts 2 In May 1947, the Gamans executed a deed conveying 23 acres of real property in Oregon to Alcoa Mining Company in exchange for $6,000. The deed imposed the following limitations on the conveyance: 3 Reserving, however, to the grantors, their heirs and…