State Highway Commission v. Triway Investment Co.

Oregon Supreme Court

State Highway Commission v. Triway Investment Co.

427 P.2d 419, 247 Or. 253, 1967 Ore. LEXIS 470

DecidedMay 17, 1967

StatusPublished

This text of 427 P.2d 419 (State Highway Commission v. Triway Investment Co.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Highway Commission v. Triway Investment Co., 427 P.2d 419, 247 Or. 253, 1967 Ore. LEXIS 470 (Or. 1967).

Pincite

Opinion

PER CURIAM.

In a condemnation proceeding concerning land that was encumbered by various liens which exceeded the value of the land, the State Highway Commission paid into court the established value of the tailing, and this contest proceeded between the various lien claimants. Three of the claimants appeal an order disbursing the proceeds to two claimants whose liens appeared to be senior.

The trial court record shows that all interested parties were notified either in person or through their attorneys of record and had an opportunity to be heard [254]*254at the time a determination was made with reference to the priorities of the various claimants. The principal questions were questions of fact. The trial court resolved conflicts between recorded instruments and verbal testimony in favor of the written records. We have examined the record and find no reason for deciding the priorities in a manner different from those established by the trial court.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In a condemnation proceeding concerning land that was encumbered by various liens which exceeded the value of the land, the State Highway Commission paid into court the established value of the tailing, and this contest proceeded between the various lien claimants. Three of the claimants appeal an order disbursing the proceeds to two claimants whose liens appeared to be senior.

The trial court record shows that all interested parties were notified either in person or through their attorneys of record and had an opportunity to be heard [254]*254at the time a determination was made with reference to the priorities of the various claimants. The principal questions were questions of fact. The trial court resolved conflicts between recorded instruments and verbal testimony in favor of the written records. We have examined the record and find no reason for deciding the priorities in a manner different from those established by the trial court.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

427 P.2d 419, 247 Or. 253, 1967 Ore. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-commission-v-triway-investment-co-or-1967.