Legal Opinion

Sheldon v. Sheldon

Court of Appeals of Oregon

Decided October 13, 1999No. 97P0060; CA A102979PublishedCited by 5 opinions

1Opinion of the CourtEdmonds, P. J.

These appeals arise from a judgment granting declaratory relief on a claim under ORS 28.040 brought by the personal representative of decedent’s estate and on a foreclosure claim made by decedent’s widow, Diana Sheldon. ORS 115.155. The trial court consolidated the two cases and entered a declaratory judgment from which both parties appeal. ORS 28.070. We review for errors of law, and, because this declaratory judgment proceeding is in the nature of a suit in equity, we try all factual issues de novo, except where indicated. ORS 19.415(3). We reverse, in part, on appeal and affirm on…

2Cases cited12 opinions

  1. Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
  2. Moore v. Mutual of Enumclaw InsuranceOregon Supreme Court · 1993
  3. Moore v. SchermerhornOregon Supreme Court · 1957
  4. Ferchen v. ArndtOregon Supreme Court · 1894
  5. Marston v. MYERS ET UXOregon Supreme Court · 1959

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3Cited by5 opinions

  1. Mueller v. Mueller and Joseph F. Mueller TrustSupreme Court of Vermont · 2012
  2. McMillan v. FollansbeeCourt of Appeals of Oregon · 2004
  3. Fleenor v. WilliamsonCourt of Appeals of Oregon · 2000
  4. DK Investment Co., LLC v. Inter-Pacific Development Co.Court of Appeals of Oregon · 2004
  5. In re the Marriage of McInnisCourt of Appeals of Oregon · 2005

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