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HERRMANN v. CHURCHILL

235 Or. 327 (1963)

385 P.2d 190

HERRMANN v. CHURCHILL ET UX

Supreme Court of Oregon.

Affirmed September 18, 1963.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellants. With him on the brief were LeRoy B. Skousen, Victor Levy, and Skousen & Holmes, Portland.

Ronald L. Marceau, Bend, argued the cause for respondent. With him on the brief were Roy Kilpatrick, Canyon City, and McKay, Panner & Johnson, Bend.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED.

PERRY, J.

The plaintiff brought this action to recover from the possession of the defendants certain lands which had been conveyed by deed from defendants to the plaintiff. The defendants filed an answer and cross-complaint in equity alleging that the deed was in effect a mortgage given to secure a debt due from defendants to plaintiff in a certain sum, and that they "were ready, willing and able to repay [that sum] * * * upon plaintiff furnishing...

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