Weber v. Galton

This is an action to partition real property under ORS 105.205 et seq. Although a division of the proceeds of the sale of the property was originally provided for in the judgment of dissolution, this appeal is from the third proceeding initiated by wife to force a sale of the property. She appeals from a summary judgment given on the ground that her action is barred by collateral estoppel and res judicata and from an order granting husband attorney fees. We reverse both the summary judgment and the award of attorney fees.1

The parties were divorced in 1980, and the judgment incorporated a…