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SCHWAB v. SCHWAB

A8408-04806; CA A39210.

739 P.2d 1065 (1987)

86 Or.App. 461

Nadyne Adele SCHWAB (Nka Nadyne Costain), Appellant — Cross-Respondent, v. Norman Gerald SCHWAB, Respondent — Cross-Appellant.

Court of Appeals of Oregon.

Decided July 22, 1987.

Reconsideration Denied August 28, 1987.

Review Denied September 15, 1987.

Attorney(s) appearing for the Case

Thomas J. Flaherty, Portland, argued the cause and filed the brief for appellant-cross-respondent.

Graham Walker, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Ronald G. Talney, Portland.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

In this action to partition real property, plaintiff appeals and defendant cross-appeals from a judgment which says, in part:

"1. Title to the property * * * was since the date of the divorce of the parties * * * and still is and shall be held by the parties herein as tenants-in-common. "2. When the property is sold, the proceeds therefrom shall be divided equally between the parties herein...

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