Brown v. Benston

This is an action for declaratory judgment of ownership, partition and accounting, in which the trial court granted defendants’ motion for summary judgment. Because the parties do not dispute the relevant facts, we review to determine whether defendants are entitled to judgment as a matter of law, Spectra Novae, Ltd. v. Waker Associates, Inc., 140 Or App 54, 58, 914 P2d 693 (1996), and affirm.

On February 25, 1974, a judgment dissolved the marriage between plaintiff and Donna Brown (Brown). A property settlement agreement (Agreement) executed between plaintiff and Brown on the same day was…