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McCALLISTER v. JONES ET AL

208 Or. 365 (1956)

300 P.2d 973

McCALLISTER v. JONES ET AL

Supreme Court of Oregon.

Affirmed September 6, 1956.

Petition for rehearing denied September 26, 1956.

Attorney(s) appearing for the Case

Hugh B. Collins, Medford, argued the cause for appellant. With him on the brief was J. Everett Barr, Medford.

H. Dewey Wilson, Medford, argued the cause for respondent Walter H. Jones. With him on the brief were McAllister, Duncan & Brophy, Medford.

Jack L. Hoffman, Portland, argued the cause for respondent The First National Bank of Portland. With him on the brief were Pendergrass, Spackman and Bullivant, and Charles E. Wright, all of Portland.

Before WARNER, Chief Justice, and TOOZE and PERRY, Justices.

AFFIRMED.

TOOZE, J.

This is a suit by Verna M. McCallister, as plaintiff, to obtain contribution from her comortgagor and former husband, Walter H. Jones, as defendant. The First National Bank of Portland, as mortgagee, was also named as a defendant. The Jackson county circuit court sustained the bank's demurrer to the complaint and dismissed the suit with prejudice as to it. Walter H. Jones answered setting forth the provisions of a property settlement agreement...

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