NELSON v. HUGHES

No. 78-200-E; CA 15825 and SC 27125.

625 P.2d 643 (1981)

290 Or. 653

Betty Lou NELSON, Petitioner, v. Doug HUGHES and Wanda Hughes, Respondents.

Supreme Court of Oregon.

Decided March 17, 1981.


Attorney(s) appearing for the Case

Donald H. Coulter of Myrick, Coulter, Seagraves & Myrick, Grants Pass, argued the cause and filed a brief for petitioner.

Michael L. Mowrey of Brown, Hughes, Bird & Lane, Grants Pass, argued the cause and filed a brief for respondents.

Before TONGUE, Presiding C.J., and HOWELL, LENT, LINDE, PETERSON and TANZER, JJ.


PETERSON, Justice.

This quiet title suit involves a dispute between contract purchasers whose land sale contract was prior in time, but unrecorded, and a subsequent purchaser — a grantee under a deed — whose deed, though subsequent in time, was recorded. The disposition of the case turns on the allocation of the burden of proof to establish that the subsequent purchaser was or was not a bona fide purchaser for value without notice of the prior purchaser...

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