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OLSON v. HOWARD

04P1894; A135496.

239 P.3d 510 (2010)

237 Or. App. 256

Brian OLSON, Plaintiff-Appellant, v. Jarrod HOWARD, Defendant-Respondent, and Jerry Howard, individually and in his capacity as Successor Trustee of the Resser Family Trust Dated January 19, 1994; Richard Redinger; Debra Miller; Kelly Resser; Jayson Resser; and Patricia Olson, Defendants.

Court of Appeals of Oregon.

Decided September 15, 2010.

Attorney(s) appearing for the Case

Lee C. Nusich , Portland, argued the cause for appellant. With him on the briefs was Lane Powell PC.

Norman R. Hill argued the cause for respondent. With him on the brief was Martinis & Hill.

Before WOLLHEIM, Presiding Judge, and HASELTON, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Plaintiff, the beneficiary of a trust, filed a declaratory judgment action against defendant, a purchaser of real property held in the trust. Plaintiff sought a declaration that defendant did not possess any right, title, or interest in the property sold to him by the trustee; plaintiff also asked for equitable relief to unwind the transaction. The trustee and other trust beneficiaries were named parties to the case. On motions by trustee, the trial court...

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