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HOWES v. SHERLOCK ET AL

233 Or. 429 (1963)

378 P.2d 713

HOWES v. SHERLOCK ET AL

Supreme Court of Oregon.

Reversed and remanded February 20, 1963.

Attorney(s) appearing for the Case

Malcolm J. Montague, Portland, argued the cause for appellant. With him on the briefs were Williams, Montague, Stark & Thorpe, Portland, and Fitzwater, Fitzwater & Andrews, Portland.

George P. Winslow, Tillamook, argued the cause for respondents Everett R. Phipps and Helena S. Phipps. On the brief were Winslow & Winslow.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is a suit to foreclose a land sale contract and to quiet plaintiff's title. Defendants, Everett and Helena Phipps, cross-complained asserting a superior title and prayed for a partition or foreclosure. Plaintiff appeals from a decree awarding the defendants Phipps a one-fourth interest in the land sale contract, establishing an equitable lien on the property, and ordering foreclosure.

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