PARTLOW v. CLARK

No. 16-81-06494; CA A23332.

653 P.2d 568 (1982)

60 Or.App. 237

Phyllis Lee PARTLOW, Formerly Phyllis Lee Rembert, Appellant, v. Chester C. CLARK and Mary L. Clark, Husband and Wife, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted October 6, 1982.

Decided November 10, 1982.

Reconsideration Denied January 14, 1983.


Attorney(s) appearing for the Case

Claud A. Ingram, Salem, argued the cause and filed the brief for appellant.

K. Patrick Neill, Eugene, argued the cause for respondents. With him on the brief were Paul V. Vaughan, and Hershner, Hunter, Miller Moulton & Andrews, Eugene.


Resubmitted In Banc October 6, 1982.

BUTTLER, Judge.

Plaintiff brought this action for partition of real property and for damages to the property. As an affirmative defense, defendants alleged that they had purchased the property for value from its record owner and had no notice of plaintiff's interest. The trial court granted defendants' motion for summary judgment based on that defense, and plaintiff appeals from the ensuing judgment for defendants. We reverse...

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