HELLESVIG v. HELLESVIG

Nos. TC 16-80-11120; CA A21816, SC 28991.

662 P.2d 709 (1983)

294 Or. 769

Dennis HELLESVIG, Respondent On Review, v. Carol Alice HELLESVIG, Nka Carol Alice, Petitioner On Review.

Supreme Court of Oregon.

Argued and Submitted March 9, 1983.


Attorney(s) appearing for the Case

Jill Heiman, Eugene, argued the cause and filed the briefs for petitioner on review. With her on the brief was Heiman & Miller, Eugene.

Randall E. Thwing, Eugene, argued the cause and filed the brief for respondent on review. With him on the brief was Thwing & Thwing, Eugene.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.


CAMPBELL, Justice.

Plaintiff by this proceeding seeks to partition a parcel of real property owned by him and the defendant as tenants in common. The trial court granted summary judgment for defendant, concluding that this suit was barred because of a prior domestic relations proceeding between the same parties in which plaintiff had unsuccessfully sought similar relief. The Court of Appeals reversed; it held that this suit was not barred inasmuch as the circuit court...

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