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FIKE v. SHARER

571 P.2d 1252 (1977)

Mary E. FIKE, Appellant, v. Jay SHARER, Respondent, and W.J. Cox and Laura Cox, Husband and Wife, Defendants.

Supreme Court of Oregon, Department 2.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Blair M. Henderson, Klamath Falls, argued the cause and submitted the brief for appellant.

Robert Thomas and Steven P. Couch, Klamath Falls, argued the cause for respondent. On the brief was Robert Thomas, Thomas, Beesley & Couch, Klamath Falls.

Before BRYSON, P.J., LENT and LINDE, JJ., and GILLETTE, J. Pro Tem.

GILLETTE, Justice Pro Tem.

This is a statutory proceeding for partition of jointly held real property brought under ORS 105.205 et seq. The trial court, sitting without a jury, issued a decree denying partition and ordering plaintiff to transfer her interest in the property to defendant upon defendant's tender to her of a sum fixed by the court. Plaintiff appeals. Because we think there is insufficient evidence to support an order for private sale, we reverse.

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