Alery v. Alery, Jr.

This is the second time this matter has been before the court. See Alery v. Alery, 193 Or. 332, 238 P2d 769 and 193 Or 336, 238 P2d 771.

Plaintiff Marie Alery filed an ejectment action against her stepson John Alery, Jr., and his wife to recover possession of real property in La Grande. She also filed a replevin action to recover certain personal property located on said premises. In the ejectment action defendants counterclaimed claiming title to the real property pursuant to an alleged oral contract made by plaintiff and her husband John Alery, Sr., to make a gift of the property to them. In…