Fike v. Sharer

This is a statutory proceeding for partition of jointly held real property brought under ORS 105.205 et seq. The trial court, sitting without a jury, issued a decree denying partition and ordering plaintiff to transfer her interest in the property to defendant upon defendant’s tender to her of a sum fixed by the court. Plaintiff appeals. Because we think there is insufficient evidence to support an order for private sale, we reverse.

The property which is the subject of the partition suit consists of 3.7 acres of lakefront property in Klamath County. Situated on the property are a cabin, bam,…