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MAGNOLIA LBR. CORP. v. LITHIA LBR. CO.

241 Or. 65 (1965)

404 P.2d 190

MAGNOLIA LUMBER CORPORATION, INC. v. LITHIA LUMBER COMPANY, INC. ET AL

Supreme Court of Oregon.

Reargued May 6, 1965.

Affirmed as modified July 15, 1965.

Attorney(s) appearing for the Case

Frank A. Bauman, Portland, argued and reargued the cause for defendant and appellant. With him on the briefs were Donald H. Pearlman and Keane, Haessler, Bauman and Harper, Portland, and Jones and Reeder, Medford.

A. Allan Franzke, Portland, argued and reargued the cause for plaintiff and respondent. With him on the brief were Ridgway K. Foley, Jr., and Mautz, Souther, Spaulding, Kinsey & Williamson, Portland.

No appearance for defendants and respondents.

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

AFFIRMED AS MODIFIED.

PERRY, J.

The plaintiff Magnolia Lumber Corporation brought this suit to foreclose its mortgage executed by the defendant Lithia Lumber Company, Inc., and others who claimed to have some right, title or interest in or to the mortgaged property. The trial court found that defendant Lithia was in default under the terms of the mortgage contract and that it was indebted thereunder in a certain sum of money. A decree was thereupon entered...

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