DOUGHTY v. BIRKHOLTZ

96-0487-E-1; CA A97973.

964 P.2d 1108 (1998)

156 Or. App. 89

Patricia M. DOUGHTY and Jack M. Doughty, Trustees of the Doughty Loving Trust, Appellants, v. Elsie T. BIRKHOLTZ, Trustee of the Elsie T. Birkholtz Revocable Trust, Glen C. Hawkins, Pacific Stone & Supply Co., Inc., Pacific Coast Building Product, George Groom Trucking Co., Inc., Norton Lumber Co., Inc., Pacific Coast Building Product, Defendants, and Francis Watkins, aka Frankie Watkins, and Bruce Watkins, Respondents. Glenn C. HAWKINS, Third-Party Plaintiff, v. Alice O. KANZELMAN and Kevin Kanzelman, dba A & K Construction and Development, Third-Party Defendants.

Court of Appeals of Oregon.

Decided September 9, 1998.


Attorney(s) appearing for the Case

Sandra Sawyer, Medford, argued the cause and filed the briefs for Appellants.

Matthew G. Fawcett argued the cause and filed the brief for Respondents.

Before De MUNIZ, P.J., and HASELTON and LINDER, JJ.


LINDER, Judge.

In this case, plaintiffs sought to set aside a transfer of real property allegedly made to defraud a creditor and to establish the priority of interests in that real property. Plaintiffs appeal from the trial court's order granting defendants' summary judgment motion and from the court's award of costs to defendants. In granting summary judgment, the trial court ruled that the property transfer was not fraudulent as a matter of law and that a notice...

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