SPADY v. GRAVES

TC Nos. 146,028, 85-0620; CA A39044; SC S35356.

770 P.2d 53 (1989)

307 Or. 483

Irene A. SPADY, Petitioner On Review, v. Donald H. GRAVES; Portland General Electric Company, an Oregon Corporation, Respondents, State of Oregon, by and through Its Department of Veterans' Affairs; United States National Bank of Oregon, a National Banking Association, Respondents On Review. State of Oregon, Acting by and through the Director of Veterans' Affairs, Respondent On Review, v. Donald H. Graves; Portland General Electric Company; State of Oregon, Employment Division; State Accident Insurance Fund Corporation of Oregon; United States of America Internal Revenue Service; State of Oregon, Department of Revenue; Isabel Graves, Respondents, United States National Bank of Oregon, Respondent On Review, and Irene A. Spady, Petitioner On Review.

Supreme Court of Oregon.

Decided March 7, 1989.


Attorney(s) appearing for the Case

Michael Duane Brown, Salem, argued the cause for petitioner on review. With him on the petition was Churchill, Leonard, Brown & Donaldson, Salem.

James N. Westwood, Portland, argued the cause for respondents on review, State of Or. Dept. of Veterans' Affairs and U.S. Nat. Bank of Oregon. With him on the response was Miller, Nash, Wiener, Hager & Carlsen, Portland.

Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.


CARSON, Justice.

In these consolidated foreclosure suits, the ultimate issue is the priority of interests in certain real property. To address that issue, we must determine whether a circuit court has the authority to modify a property division from an earlier dissolution decree.

The 23-year marriage of Irene Spady and Donald Graves ended in divorce in 1976. The dissolution decree incorporated a "Property Settlement...

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