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MASQUART v. DICK

210 Or. 459 (1957)

310 P.2d 742

MASQUART ET AL v. DICK, EXECUTOR ET AL

Supreme Court of Oregon.

Affirmed April 17, 1957.

Petition for rehearing denied June 5, 1957.

Attorney(s) appearing for the Case

Clarence D. Phillips argued the cause for appellant Shriners' Hospitals for Crippled Children. On the briefs were Phillips, Coughlin, Buell & Phillips, Portland.

Sam Van Vactor argued the cause for appellant William G. Dick, Executor. On the brief were Dick & Dick and Brown & Van Vactor, The Dalles.

Edwin J. Welsh, Portland, argued the cause and filed a brief for respondents.

Before WARNER, Chief Justice, and ROSSMAN, LUSK, PERRY and McALLISTER, Justices.

LUSK, J.

This suit was commenced as a suit for the partition of real property, and developed into a controversy over the ownership of such property. The decree was for the plaintiffs and the defendants have appealed.

Plaintiffs are heirs at law of John Masquart, deceased. The defendants are the executor of the estate of Joseph A. Masquart, deceased, who was a brother of John Masquart, and Shriners' Hospitals for Crippled...

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