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BEDORTHA v. SUNRIDGE LAND CO., INC.

CC 86-CV-0377-WE; CA A49339; SC S36322.

822 P.2d 694 (1991)

312 Or. 307

Kenneth E. BEDORTHA and Betty Anne Bedortha, Aka Betty Ann Bedortha, Respondents On Review, SUNRIDGE LAND CO., INC., an Oregon Corporation; Kenco Data Services, Inc., an Oregon Corporation, Defendants, and James Kitchell and Velva Heintz, Petitioners On Review.

Supreme Court of Oregon.

Decided December 12, 1991.

Attorney(s) appearing for the Case

Stanley E. Clark, Redmond, argued the cause and filed the petition for petitioners on review.

Steven L. Philpott, of Armstrong, McCullen & Philpott, P.C., Eugene, argued the cause and filed the response for respondents on review.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

CARSON, Chief Justice.

The issue in this case is whether a vendor's right to receive payments under an executory land sale contract is a separate personal property interest of the vendor or whether that interest is part of the vendor's real property interest and, therefore, subject to a judgment lien. The Court of Appeals held that the right to receive contract payments — unless properly severed — is a part of the vendor's real property interest.

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