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HOUCK v. DARLING

238 Or. 484 (1964)

395 P.2d 445

HOUCK v. DARLING ET AL

Supreme Court of Oregon.

Affirmed as modified September 23, 1964.

Attorney(s) appearing for the Case

Donald H. Joyce, Portland, argued the cause and filed a brief for appellant.

David H. Fertig, Portland, argued the cause and filed a brief for respondents.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED AS MODIFIED.

LUSK, J.

This is a suit to cancel a deed to real property, described as follows:

"The West 12 ft. of Lot 4, and the East 30.5 ft. of the South 1/2 of Lot 5, all in Block 26, Caruthers Addition to the City of Portland, in the County of Multnomah, State of Oregon;"

The plaintiff alleged in his amended complaint that on August 31, 1960, the defendants, acting through one of them, Cecil H. Russell, "by fraud, duress and...

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