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MATTER OF MARRIAGE OF WHARTON

No. 79-11-7711; A20285.

639 P.2d 652 (1982)

55 Or.App. 564

In the matter of the Marriage of Mary H. WHARTON, Respondent — Cross-Appellant, and Marvin E. Wharton, Appellant — Cross-Respondent.

Court of Appeals of Oregon.

Decided January 25, 1982.

Attorney(s) appearing for the Case

Roy Kilpatrick, Mount Vernon, argued the cause for appellant — cross-respondent. With him on the briefs was Kilpatrick & Pope, Mount Vernon.

William F. Schroeder, Vale, argued the cause and filed the briefs for respondent — cross-appellant.

Before RICHARDSON, P.J., and WARDEN and YOUNG, JJ.

RICHARDSON, Presiding Judge.

In this dissolution proceeding, the issue is whether the parties were married. The trial court found the parties had effected a common-law marriage in Idaho and entered a decree of dissolution which provided for a division of the parties' property. Appellant contends that the parties were not married. We agree and reverse.1

The facts are not disputed. The parties were married in Nevada in December,...

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