DEARDORFF v. NEILSON


438 P.2d 981 (1968)

Bruce V. DEARDORFF and Lorena G. Deardorff, Husband and Wife, Appellants, v. Alfred NEILSON and Marguerite Neilson, Husband and Wife, Respondents.

Supreme Court of Oregon, Department 1.

Decided March 27, 1968.


Attorney(s) appearing for the Case

James O. Goodwin, Oregon City, argued the cause for appellants. On the briefs were Jack, Goodwin & Anicker, Oregon City.

Gerald R. Pullen, Portland, argued the cause for respondents. With him on the brief were Hershiser, Mitchell & Smith, Portland.

Before McALLISTER, P.J., and O'CONNELL and DENECKE, JJ.


O'CONNELL, Justice.

This is a suit for the partition of real property held by plaintiffs and defendants as tenants in common. Plaintiffs appeal from a decree denying partition. The trial court held that plaintiffs held only a security interest in the property as mortgagees.

Plaintiff Bruce Deardorff and defendant Alfred Neilson were close personal friends. Deardorff was experienced in matters relating to the sale and purchase of real estate; Neilson was not...

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