Fike v. Sharer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that while financial considerations are primary factor under Oregon law in considering whether partition in kind or by sale will cause great prejudice, “sentimental reasons, especially an owner’s desire to preserve a home, may also be considered”
• explaining that the partition statutes lay out the remedies of partition in kind, public sale, and private sale “in order of preference”
• “[S]enti-mental reasons, especially an owner’s desire to preserve a home, may also be considered [in a partition suit].”
• Oregon statute permits partition by private sale between the parties where neither partition in kind nor by public sale can be achieved without great prejudice to the owners
• Oregon statute permits partition by private sale between the parties where neither partition in kind nor by public sale can be achieved without great prejudice to the owners

Source: CourtListener parenthetical corpus (CC0).