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MILLER v. PLEIN

191 Or. 223 (1951)

227 P.2d 823

MILLER (formerly PLEIN) v. PLEIN

Supreme Court of Oregon.

Reversed and remanded February 21, 1951.

Petition for rehearing denied March 28, 1951.

Attorney(s) appearing for the Case

J.O. Stearns, of Portland, argued the cause for appellant. On the brief were Stearns & Lessard, of Portland.

Clarence X. Bollenback, of Portland, argued the cause for respondent. With him on the brief was Dan J. Kenney, of Portland.

Before LUSK, Chief Justice, and ROSSMAN, HAY, LATOURETTE and TOOZE, Justices.

REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the defendant from a decree of the Circuit Court, which granted the plaintiff's prayer for the partition of an improved fractional lot in the city of Portland owned by the parties as tenants in common. The attacked decree says:

"That the plaintiff and defendant are the owners as tenants in common of the hereinabove described real property, and that each of said parties owns an undivided one-half...

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