LULAY v. LULAY


247 Or. 497 (1967)

429 P.2d 802

LULAY, Respondent, v. LULAY, Appellant.

Supreme Court of Oregon.

Reversed July 7, 1967.

Petition for rehearing denied September 6, 1967.


Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. On the brief were Vergeer, Samuels, Cavanaugh & Roehr, and Walter H. Sweek, Portland.

Bruce Williams, Salem, argued the cause for respondents. With him on the brief were Williams, Skopil & Miller, Salem.

Before PERRY, Chief Justice, and SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.


REVERSED.

SLOAN, J.

Defendant appeals from decrees which imposed a trust in favor of plaintiffs on certain shares of corporate stock that plaintiffs transferred to defendant in 1947. The evidence as to both cases is identical so they were consolidated for trial and appeal. Since we hold that plaintiffs' claim is barred by laches we will not reach a decision on the existence of a trust.

Some years before 1937 the Lulay Brothers Lumber Co. was formed...

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