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BRIGHAM v. PAYNE

No. 78-4-153; CA 14221.

609 P.2d 870 (1980)

45 Or. App. 847

Lyle BRIGHAM, Bette Brigham, Raymond Dodge, Eunice Dodge, Thomas J. Dryden, Dottie Dryden, Thomas C. Houston, Louise Houston, Susan Howell, Andrew James, Shirley James, Herbert L. Johnson, Marjorie Johnson, Barret Lindsay, Eileen Lindsay, Paul Ochs, Suzanne Ochs, George Van Ginhoven, Evie Van Ginhoven, Respondents, v. Frederick J. PAYNE, Jr., and Clifford P. Sapienza, Appellants, City of Lake Oswego, a Municipal Corporation, Defendant.

Court of Appeals of Oregon.

Decided April 14, 1980.

Attorney(s) appearing for the Case

Margaretta Eakin, Portland, argued the cause for appellants. With her on the briefs was Phillip C. Querin, Portland.

Jeffrey B. Wihtol, Portland, argued the cause for respondents. With him on the brief was Morrison, Dunn, Cohen, Miller & Carney, Portland.

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

JOSEPH, Judge.

In this declaratory judgment action concerning the validity of a purported dedication of a small park in a subdivision, defendants, bona fide purchasers of the disputed parcel of real property, appeal from a summary judgment for plaintiffs, landowners in the subdivision. Defendants' title derives from a tax foreclosure decree entered in 1966. The two-year statute of limitations for a collateral attack on that decree expired nearly 10 years prior to...

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