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HURST v. HALL

574 P.2d 311 (1978)

281 Or. 113

Agnes HURST, Appellant, v. Julius M. HALL, David S. Hall and Louise Hall Moe, Respondents.

Supreme Court of Oregon.

Decided January 31, 1978.

Attorney(s) appearing for the Case

Milo Pope, Milton-Freewater, argued the cause for appellant. With him on the briefs were William A. Galbreath, Milton-Freewater.

Mark C. McClanahan, Portland, argued the cause for respondents. With him on the brief were John J. DeMott and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON and LENT, JJ.

Argued and Submitted October 31, 1977, at Pendleton.

DENECKE, Chief Justice.

Plaintiff instituted this suit seeking partition in kind of her one-fourth interest in a tract of land owned by plaintiff, her sister, and her two brothers as tenants in common. The trial court, finding that the land could not be divided equitably, denied plaintiff's request for partition in kind. The court instead ordered defendants to pay plaintiff one-fourth of the value of the...

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