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SCOTT v. NYGAARD

241 Or. 347 (1965)

403 P.2d 15

405 P.2d 850

SCOTT ET UX v. NYGAARD ET AL

Supreme Court of Oregon.

Reversed June 16, 1965.

Petition for rehearing denied September 22, 1965.

Attorney(s) appearing for the Case

David M. Spiegel, Portland, argued the cause for appellants. With him on the brief were Spiegel & Spiegel, Portland.

Lawrence Morley, Lebanon, and Charles Boardman, Bend, argued the cause for respondents. With them on the brief were Morley, Thomas & Orona, Lebanon.

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

MODIFIED.

HOLMAN, J.

This is a suit by plaintiffs to quiet title to a house and lot in the city of Bend. Defendants appeal from a decree favorable to plaintiffs.

The property was owned by Agnes Anderson subject to a mortgage to Equitable Savings and Loan Association when she transferred it by deed recorded February 3, 1961, to her sister and brother-in-law, the Sallanders. This transfer was in fact a mortgage to secure $1,650 plus interest owed by...

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