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BARBER, TRUSTEE v. HENRY

197 Or. 172 (1953)

252 P.2d 802

BARBER, JR., TRUSTEE v. HENRY ET UX. and WHEATLEY ET AL.

Supreme Court of Oregon.

Reversed January 21, 1953.

Attorney(s) appearing for the Case

E.B. Sahlstrom, of Eugene, argued the cause and filed a brief for appellants.

Windsor Calkins argued the cause for respondent.

On the brief were Calkins & Calkins, of Eugene.

Before BRAND, Chief Justice, and ROSSMAN, LUSK and TOOZE, Justices.

REVERSED.

TOOZE, J.

This is a suit brought by William G. East, trustee, as plaintiff, against Howard H. Henry et al., as defendants, to foreclose a lien for labor and materials furnished by Eugene Construction Company, Inc., in the construction of a building upon land owned by defendant Howard H. Henry in Lane County, Oregon.

Before trial plaintiff William G. East, having been appointed a judge of the circuit court, resigned as trustee, and John L...

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