WELLER v. WELLER

9002-01222; CA A73208.

858 P.2d 140 (1993)

122 Or. App. 301

Paul A.V. WELLER, Appellant, v. John H. WELLER, Julanne Weller and Lorene Chevrier, Respondents.

Court of Appeals of Oregon.

Decided August 18, 1993.


Attorney(s) appearing for the Case

John D. Ryan, Portland, argued the cause and filed the briefs for appellant.

Roger Tilbury, Portland, argued the cause for respondents. With him on the brief were Roch Steinbach and Robert P. Johnson, Portland.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.


WARREN, Presiding Judge.

In this civil action in equity, plaintiff sought imposition of a constructive trust and an accounting. The trial court entered a summary judgment in favor of defendants on the basis of laches. We reverse.

Defendants are plaintiff's eldest brother, John, and John's wife, Julanne, and John's mother-in-law, Chevrier. The constructive trust that plaintiff seeks to impose concerns three parcels of real property. The first is the "Greenway...

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