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BRUSCO v. BRUSCO

241 Or. 550 (1965)

407 P.2d 645

BRUSCO v. BRUSCO ET AL

Supreme Court of Oregon.

Affirmed as modified November 10, 1965.

Attorney(s) appearing for the Case

Verne W. Newcomb, Portland, argued the cause for appellant. With him on the brief were Sabin, Dafoe & Newcomb and Jack B. Schwartz, Portland.

No appearance for respondent James Brusco.

George L. Schwarz, Portland, argued the cause and filed a brief for respondent Frances G. Brusco.

Before McALLISTER, Chief Justice, and SLOAN, DENECKE, HOLMAN and LUSK, Justices.

AFFIRMED AS MODIFIED.

DENECKE, J.

The plaintiff co-tenant brought this partition suit against his co-tenant and Frances Brusco, who holds a dower interest in the defendant co-tenant's undivided interest. The parties agreed that partition was desirable. The only issue is whether plaintiff is entitled to one-half the amount expended by him on improvements, repairs, and taxes on the property. The trial court, sitting...

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