Hellesvig v. Hellesvig

Plaintiff by this proceeding seeks to partition a parcel of real property owned by him and the defendant as tenants in common. The trial court granted summary judgment for defendant, concluding that this suit was barred because of a prior domestic relations proceeding between the same parties in which plaintiff had unsuccessfully sought similar relief. The Court of Appeals reversed; it held that this suit was not barred inasmuch as the circuit court in the prior proceeding had concluded that it lacked jurisdiction to adjudicate the partition question. 59 Or App 356, 650 P2d 1072 (1982).

Plainti…