Alderman v. Davidson

Plaintiff filed this action to foreclose a trust deed. Defendant counterclaimed for damages for trespass to the property. The trial court found against both claims. The trust deed contains an attorney fees provision that, as a result of ORS 20.096, benefits whichever party prevails on the issues that arise from the trust deed. The trial court, nevertheless, declined to award defendant attorney fees on the ground that neither party prevailed in the action as a whole. On appeal, defendant sought attorney fees under the trust deed; on cross-appeal, plaintiff sought foreclosure. We reversed on…