State of Oregon, 303 Or. Land Board, 250 Or. Also, if Oak Street exists, the trial court's conclusion that Jim and Eula cannot use the left fork of the driveway for access to their property is incorrect. Having so concluded, we vacate those portions of the judgment relocating the property boundary between Lots 6, 7, and 8 and Lot 11, reforming the sale contracts and deeds to reflect the relocated boundary, and determining that there is no implied easement in favor of Lot 6, 7 and 8 over the left fork of the driveway.

She argues that reformation was justified because, at the time Lots 5 and 6 were purchased, all parties to the transactions mistakenly believed that the garage was online loans entirely within Lot 6 and assumed that the sale contracts contained property descriptions consistent with that online loans.

On appeal, we review the trial court's factual determinations de novo to determine if there was clear and convincing evidence of a mutual mistake justifying reformation of the relevant contracts. The purpose of reformation based on mutual mistake online loans to make an erroneous instrument, or online loans, correctly express the real agreement between the parties.

The trial court found that the parties payday loans intended the garage be conveyed with Lot 6-instead of Lot 5-and that the boundary description online loans in the sale contract was not consistent with that intention.

That finding, if upheld, would justify reformation of the contracts to include the disputed land. See Linenberger et ux v. Davis et ux, 203 Or. Online loans Deans and Storaci (sellers of both parcels) testified that their intention at the time of the virtually contemporaneous sales of the lots in 1987 was that the garage belonged to and would be sold with Lot 6, rather than Lot 5.

Jimmie and Linda each testified to the same effect. Moreover, although Jim did not testify at trial, in his brief on appeal he concedes that he believed that the garage was located on Lot 6.

Eula testified that when she and Jim Sr. Based on a complete review of the record, we conclude that the trial court properly reformed the written instruments covering Lots 5 and 6 in order to correct the parties' mutual mistake.

Jim and Eula are Jimmie's parents. 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 Second 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 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. Plaintiffs argue that because Jim and Eula did not file a motion to intervene, pursuant to ORCP 33 D, they lacked standing to contest the motion for summary judgment filed by the Deans and Storaci.

The trial court permitted Jim and Eula to contest that motion. The Deans and Storaci did not cross-assign error to that ruling. Therefore, we will not discuss it further. They also generally argue that defendants Dean's and Storaci's own evidence contained factual issues that precluded granting summary judgment.

Because we hold that the conflicting affidavits create an issue of fact, we do not address the remaining arguments. The Deans and Storaci contend that we should not review the second, third and fourth assignments of error because an independent basis for entry of the judgment exists and is not challenged by Jim and Eula. Specifically, they argue that, because the Deans sought a declaratory judgment against Jim and Eula to establish the boundary lines, and because Jim and Eula did not assign the grant of declaratory judgment as error, we should not consider the remaining assignments of error.

Jim and Eula assigned error to all of the relevant portions of the trial court's judgment. See generally ORAP 5. We vacate those portions of the judgment that reflect the trial court's decision in favor of plaintiffs on their first and second claims for relief contained in their amended suit to quiet title. We also vacate those portions of the judgment in favor of the Deans and Storaci on their first, second and third cross-claims against Jim and Eula contained in the answer and affirmative defenses to plaintiff's first amended complaint.

In its judgment, the court also reformed Jim and Eula's Lot 5 sale contract and deed boundary description along the east line. Jim and Eula do not assign error to that part of the judgment. We reject Jim and Eula's contention that reformation based upon mutual mistake in boundary disputes invariably requires an antecedent agreement as to a specific and definite boundary line.

That principle is inapplicable to reformation cases involving structural encroachments. Compare Ellison with Linenberger. Not a Legal Professional. Neil, Portland, argued the cause for appellants. John Bridges, Newberg, argued the cause for respondents Kenneth L. Hart, McMinnville, argued the cause for respondent Linda Saleen-Degrange. Hoyt, Salem, argued payday loans the cause and filed the brief for respondents Riter H. Oppo Mobiles India saw sales surge to Rs 7,974. Four students were picked by Microsoft Redmond for USD 2.

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