Partlow v. Clark

Plaintiff brought this action for partition of real property and for damages to the property. As an affirmative defense, defendants alleged that they had purchased the property for value from its record owner and had no notice of plaintiffs interest. The trial court granted defendants’ motion for summary judgment based on that defense, and plaintiff appeals from the ensuing judgment for defendants. We reverse and remand.

The material facts are not disputed. Plaintiffs marriage was dissolved by a Lane County circuit court decree entered on May 22, 1975. The dissolution decree awarded certain…