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DOTY v. EDMISON

445 P.2d 133 (1968)

Charles N. DOTY and Clara Doty, Husband and Wife, Appellants, v. Thomas H. EDMISON, a Single Man, and Nell Wood and John Doe Wood, Wife and Husband, Respondents.

Supreme Court of Oregon, Department 2.

Decided September 25, 1968.

Attorney(s) appearing for the Case

James W. Walton, Corvallis, argued the cause for appellant. With him on the briefs were Ringo, Walton & McClain, Corvallis.

Harrison M. Weatherford and William E. Brickey, Albany, argued the cause for respondents. With them on the brief were Weatherford, Thompson, Horton & Jordan, Albany.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and LUSK, JJ.

SLOAN, Justice.

This is a suit for partition. Plaintiff, Clara Doty, is the divorced wife of defendant Edmison. When the divorce decree was entered in 1960 it provided that certain real property, appurtenances and buildings then owned by the parties were to be held by the parties as tenants in common. The property consisted of a drive-in restaurant. The divorce decree also provided that:

"IT IS FURTHER * * * DECREED * * * that the restaurant business formerly...

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