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Jimmie and Linda were married when they jointly purchased some of the property involved in this litigation. They were later divorced.


In 1890, Cardwell divided roughly 170 acres of that property into six blocks and subdivided the blocks into 66 lots. He then dedicated those 170 acres to the city of Dayton.


That dedication is known as Lippencott's Second Addition. Fletcher's Addition is an 1892 land dedication to the city of Dayton that borders Lippencott's Payday loans online Addition to the south. The litigation initially involved multiple legal and equitable claims. This appeal involves only the equitable claims.


Therefore, we do not address the legal claims. We discuss only those claims necessary to resolve the issues on appeal. Yamhill County did not contest either the third-party claim filed by the Deans and Storaci or the separate cross-claim filed by Jim and Eula seeking a declaratory judgment that the public road does exist. The trial court's final judgment favored the Deans and Storaci on their third-party online payday loans claim and Yamhill County on Jim and Eula's cross-claim.


Yamhill County did not appeal from the judgment on the third-party claim and did not participate on appeal in defense of the judgment on Jim and Eula's cross-claim. After he and Linda divorced, Jimmie attempted to transfer his interest in Lot 6 to his parents and no longer claims an interest in the property.



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