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KELLY v. TRACY

209 Or. 153 (1956)

305 P.2d 411

KELLY v. TRACY

Supreme Court of Oregon.

Affirmed December 19, 1956.

Attorney(s) appearing for the Case

William B. Murray, of Portland, argued the cause for appellant. With him on the brief was Donald R. Stark, of Portland.

Samuel M. Bowe, of Grants Pass, argued the cause and filed a brief for respondent.

Before WARNER, Chief Justice, and ROSSMAN, BRAND and PERRY, Justices.

AFFIRMED.

BRAND, J.

This is a suit to impress a trust on certain shares of corporate stock held by defendant Doris F. Tracy. From a decree for the plaintiff, George Kelly, defendant appeals.

The complaint, filed on 4 June 1953, alleges that prior to 18 June 1947 plaintiff and defendant were each the owner of an equal interest in a partnership business undertaking, comprising an undivided one-half interest in a business known as Deer Lodge, in

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