Opinion
29120; CA A37947
Argued and submitted October 3, 1986.
Reversed and remanded with instructions June 3, reconsideration denied September 30, petition for review pending 1987.
Appeal from the Circuit Court, Union County, William L. Jackson, Judge.
Robert Harris, Portland, argued the cause for appellant. With him on the briefs were Douglas A. Harrison, and Howe and Harris, Portland.
W. Eugene Hallman, Pendleton, argued the cause for respondents. With him on the brief were Joel S. DeVore and Mautz Hallman, Pendleton.
Before Buttler, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Reversed and remanded with instructions to modify judgment to delete from paragraph 1 the property described in the deed from Smith to Overbays dated November 17, 1979, recorded November 26, 1979, as document number 88974, records of Union County, and for further proceedings not inconsistent with Johnson v. Overbay, 85 Or. App. 576, 737 P.2d 1251 (1987).
In the companion case of Johnson v. Overbay, 85 Or. App. 576, 737 P.2d 1251 (1987), we reversed and remanded with instructions. Plaintiffs acknowledge here that their ejectment action rests solely upon the interlocutory and final judgments in Johnson.
Reversed and remanded with instructions to modify the ejectment judgment to delete from paragraph 1 the property described in the deed from Smith to Overbays dated November 17, 1979, recorded November 26, 1979, as document number 88974, records of Union County, and for further proceedings not inconsistent with Johnson v. Overbay, supra.