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McJUNKIN v. McJUNKIN

No. 47408; CA 10450.

588 P.2d 61 (1978)

37 Or.App. 567

Howard L. McJunkin, Appellant, v. Luella B. McJunkin, Lurie B. McCombs and David McCombs, Respondents.

Court of Appeals of Oregon.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Gregory L. Decker, Albany, argued the cause for appellant. On the briefs were Rick J. McCormick and Emmons, Kyle, Kropp & Kryger, Albany.

John A. Boock, Albany, argued the cause for respondents. With him on the brief was Boock & Boock, Albany.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

This case involves a claim by plaintiff to a one-half interest in certain real property based on the alternative theories of resulting trust or constructive trust. The court ruled plaintiff had failed to establish a right in the property under either theory.

The property involved was purchased jointly in 1958 by defendant Luella McJunkin and her daughter, defendant Lurie McCombs. Defendant David McCombs is Lurie McCombs' former husband....

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