RUDEEN v. LILLY

No. 12910.

196 F.2d 300 (1952)

RUDEEN v. LILLY et al.

United States Court of Appeals Ninth Circuit.

April 30, 1952.


Attorney(s) appearing for the Case

Robert D. Wennergren, Preston, Idaho, Gus Carr Anderson and Walter H. Anderson, Pocatello, Idaho, for appellant.

Thomas H. Tongue, III, Portland, Or., U. S. Balentine, Klamath Falls, Or., Hicks, Davis & Tongue, Portland, Or., for appellees.

Before HEALY, BONE and POPE, Circuit Judges.


BONE, Circuit Judge.

Appellees who are co-partners and citizens of Oregon, instituted this action to foreclose a mortgage dated August 4, 1948 and executed in their favor by Great West Lumber Corporation, an Idaho corporation. The action was originally commenced in the Circuit Court of Oregon for Klamath County and later removed to the lower court. The property covered by a mortgage was a tract of land described as "NE-¼

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