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ALBINO v. ALBINO

568 P.2d 1344 (1977)

279 Or. 537

Victor P. ALBINO and Madonna Albino, Husband and Wife, Appellants, v. Catherina ALBINO and Frank Albino, Wife and Husband, Respondents.

Supreme Court of Oregon, Department 2.

Decided September 13, 1977.

Attorney(s) appearing for the Case

Frank E. Bocci, P.C., Eugene, argued the cause and filed the brief for appellants.

L.M. Giovanini, Beaverton, argued the cause and filed the brief for respondents.

Before DENECKE, C.J., and HOWELL, LINDE and CAMPBELL, JJ.

CAMPBELL, Justice Pro Tem.

This is a suit in equity to declare a constructive trust and to require the defendants to hold the sum of $18,380 in trust for the plaintiffs.

The plaintiff Victor P. Albino is the natural son of the defendant Catherina Albino and the stepson of the defendant Frank Albino. The plaintiff Madonna Albino is the wife of plaintiff Victor Albino.

The complaint alleges that in January, 1956, the plaintiffs entered into a written...

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