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STOTTS v. JOHNSON

192 Or. 403 (1951)

234 P.2d 1059

235 P.2d 560

STOTTS v. JOHNSON and MARSHALL

Supreme Court of Oregon.

Affirmed as modified August 14, 1951.

Petition for rehearing denied September 12, 1951.

Attorney(s) appearing for the Case

Warde H. Erwin, of Portland, argued the cause for appellant. On the brief was Lee A. Ellmaker, of Portland.

C.E. Wheelock, of Portland, argued the cause for respondent. On the brief were Wheelock & Hathaway and C.R. Richardson, all of Portland.

Before BRAND, Chief Justice, and HAY, ROSSMAN and LATOURETTE, Justices.

AFFIRMED AS MODIFIED.

ROSSMAN, J.

This is an appeal by Arthur Johnston (erroneously entered in the title of this case as Art Johnson), one of the two defendants, from a decree of the Circuit Court. The suit which culminated in the decree was instituted by the plaintiff-respondent, Roy O. Stotts, for the purpose of obtaining the foreclosure of a bill of sale alleged to be, in truth, a chattel mortgage. That instrument...

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