Green v. Cox

Contrary to the majority, I am of the opinion that a justiciable controversy exists between the parties and that the complaint does state a cause of action for declaratory relief under prior decisions. Hupp v. Schumacher, 29 Or App 9, 12, 562 P2d 217 (1977), and authorities collected therein.

The gravamen of the complaint was as follows:

That the property involved had previously been foreclosed upon in the Circuit Court of Multnomah County; that after an unsuccessful appeal to this court, plaintiffs tendered into circuit court the sum of $26,568.13 pursuant to the decree.

Defendants demurred to…