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PYBURN v. HAMMOND

817462; CA A63137.

813 P.2d 1095 (1991)

107 Or.App. 665

Ralph W. PYBURN, Appellant, v. George HAMMOND, Respondent.

Court of Appeals of Oregon.

Decided June 19, 1991.

Review Denied September 24, 1991.

Attorney(s) appearing for the Case

Terry G. Sundkvist, Portland, argued the cause and filed the brief for appellant.

James H. Marvin, Portland, argued the cause for respondent. With him on the brief were Douglas Farrell and Schouboe, Marvin & Furniss, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Plaintiff appeals an order that denied his petition to sell an undivided one-half interest in real property on execution to satisfy a judgment against defendant. ORS 19.010(2)(a); ORS 23.445. He assigns error to the court's ruling that defendant had a life estate in the property subject to a homestead exemption. ORS 23.240. We reverse.

The facts are undisputed. In 1981, plaintiff obtained a judgment against defendant for $7,516 plus interest...

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