HAMERSLY v. TRANSAMERICA TITLE INS. CO.

No. A7807-11012; CA 13109.

597 P.2d 849 (1979)

41 Or.App. 167

Wayne M. HAMERSLY and Lynn Hamersly, Husband and Wife, Appellants, v. TRANSAMERICA TITLE INSURANCE COMPANY, a California Corporation, Respondent.

Court of Appeals of Oregon.

Decided July 16, 1979.


Attorney(s) appearing for the Case

Donald E. Huffman, Milwaukie, argued the cause for appellants. With him on the briefs was Walter A. Barnes, Milwaukie.

Janice M. Stewart, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.


GILLETTE, Judge.

Plaintiffs appeal a trial court ruling granting summary judgment for defendants based upon the doctrine of collateral estoppel. We reverse.

This is the second of two proceedings arising out of a dispute over the transfer by plaintiffs of an interest in a certain parcel of land to a Mr. and Mrs. McClelland. The first proceeding (hereafter called the "McClelland" case) was a suit to reform the transfer instrument. The complaint alleged an agreement...

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