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McMILLAN v. FOLLANSBEE

981006; A116881.

93 P.3d 809 (2004)

194 Or.App. 145

William B. McMILLAN, Jr.; Sewell Lee Avery McMillan; Nancy Jean McMillan Peggs; Nancy Follansbee Campaigne; Robert C. Peggs, individually and as Trustee; John David Peggs, individually and as Trustee; Mercantile Trust Company N.A., a National Association, as Trustee, Appellants, v. Rogers V. FOLLANSBEE, individually and as Trustee, et al., Defendants, and Northern Trust Corporation, as Trustee; Susan S. McMillan, individually and as Trustee; William M. McMillan, individually and as Trustee; Steven W. McMillan, individually and as Trustee; Peter A. McMillan, individually and as Trustee; Andrew McMillan, individually and as Trustee; Arla Elizabeth McMillan, individually and as Trustee; and Margaret A. McMillan, individually and as Trustee, Respondents. Curtis Rogers Campaigne; Avery Lee Campaigne; and Clay Wisner Campaigne, Cross-claim-Plaintiffs, v. Rogers V. Follansbee, as Trustee; Northern Trust Corporation, as Trustee; Michael K. Cavanaugh, as Trustee; Lea Follansbee; Jack Follansbee; Arla Follansbee; and John Camm Broughton, Cross-claim-Defendants.

Court of Appeals of Oregon.

Decided July 8, 2004.

Attorney(s) appearing for the Case

Barbee B. Lyon, Portland, argued the cause for appellants. With him on the briefs were William F. Martson, Jr., Portland, and Tonkon Torp LLP.

Phillip D. Chadsey, Portland, argued the cause for respondents. With him on the brief were Scott E. Crawford and Stoel Rives LLP.

Before ARMSTRONG, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

ARMSTRONG, P.J.

Plaintiffs filed a statutory proceeding to partition real property.1 They appeal from a judgment that dismissed their claims. The trial court reasoned that plaintiffs had waived their right to seek partition of the property by signing an agreement to convey their undivided shares of the property into a common trust. Although governed by statute, partition is an equitable remedy, and our review is de novo. ORS 19...

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