DILLIN v. ALEXANDER


576 P.2d 1248 (1978)

281 Or. 679

Richard M. DILLIN, Appellant, v. Frank C. ALEXANDER and James L. Alexander, Respondents.

Supreme Court of Oregon, Department 2.

Decided March 28, 1978.


Attorney(s) appearing for the Case

Michael J. Bird of Brown, Hughes, Bird & Lane, Grants Pass, argued the cause and filed the brief for appellant.

Oscar R. Nealy of Myrick, Coulter, Seagraves, Nealy & Myrick, Grants Pass, argued the cause for respondents. On the brief was Donald H. Coulter, of Myrick, Coulter, Seagraves, Nealy & Myrick, Grants Pass.

Before DENECKE, C.J., TONGUE and LINDE, JJ., and RICHARDSON, J. Pro Tem.


RICHARDSON, Justice Pro Tem.

This is a suit in equity for rescission of a deed plaintiff and his former wife executed in 1968 in favor of defendants, her two sons by a prior marriage. The deed reserved a life estate in the grantors or the survivor with the remainder to the defendants. Plaintiff and his wife were divorced after execution of the deed. As grounds for rescission plaintiff alleged he was not mentally competent at the time the deed was executed and there...

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