McMillan v. Follansbee

Plaintiffs filed a statutory proceeding to partition real property. They appeal from a judgment that dismissed their claims. The trial court reasoned that plaintiffs had waived their right to seek partition of the property by signing an agreement to convey their undivided shares of the property into a common trust. Although governed by statute, partition is an equitable remedy, and our review is de novo. ORS 19.415(3); Maupin v. Opie, 156 Or App 52, 964 P2d 1117, rev den, 328 Or 194 (1998). We conclude that the trial court erred in dismissing the claims and reverse the judgment and remand for…