Smith v. Ellison

Plaintiff appeals the trial court’s judgment refusing to cancel two deeds by which she conveyed interests in a parcel of real property to defendant, her daughter. We review de novo and affirm in part and reverse in part.

The facts are in dispute, and we therefore state them as we find them on de novo review. See Hill v. Oland, 61 Or App 85, 87, 655 P2d 1088 (1982). Although we ordinarily defer to the trial court’s determinations as to credibility, see Rea v. Paulson, 131 Or App 743, 745, 887 P2d 355 (1994), in this case, the trial court did not indicate which witnesses it found credible, and…