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HASKIN v. GREENE

205 Or. 140 (1955)

286 P.2d 128

286 P.2d 137

HASKIN ET AL. v. GREENE

Supreme Court of Oregon.

Modified and remanded July 6, 1955.

Petition for rehearing denied August 3, 1955.

Attorney(s) appearing for the Case

Lee A. Ellmaker, Portland, argued the cause for appellants. With him on the brief were Phelps, Burdick & Walker, Portland.

Norman N. Griffith, Portland, argued the cause and filed a brief for respondent.

Before WARNER, Chief Justice, and LUSK, BRAND and PERRY, Justices.

MODIFIED AND REMANDED.

LUSK, J.

The principal question on this appeal arises out of conflicting claims to the proceeds of a policy of fire insurance on a building which was damaged by fire. The claimants on the one side are the purchasers of the property involved at execution sale. They were first mortgagees who had foreclosed their mortgage. The fire occurred while they were in possession and before the period of redemption had expired. The insurance policy...

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