PROTRKA v. PALMER


246 Or. 467 (1967)

423 P.2d 514

PROTRKA, Respondent, v. PALMER, Appellant.

Supreme Court of Oregon.

Reversed February 1, 1967.

Petition for rehearing denied April 11, 1967.


Attorney(s) appearing for the Case

Robert J. Johnston, Portland, argued the cause and filed a brief for appellant.

Keith Burns, Portland, argued the cause for respondent. With him on the brief were Willner, Bennett, Leonard & Burns, Portland.

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


REVERSED.

GOODWIN, J.

This is a suit by a former wife to quiet title to a dwelling house once held by herself and her husband as tenants by the entirety. The defendant husband appeals from a decree quieting title in the wife.

The principal question is whether a court of equity, in a suit to quiet title under ORS 105.605, can make the same kind of equitable distribution of real property between persons divorced...

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