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CALL v. JEREMIAH

246 Or. 568 (1967)

425 P.2d 502

CALL ET UX, Appellants, v. JEREMIAH ET AL, Respondents.

Supreme Court of Oregon.

Reargued February 1, 1967.

Affirmed March 22, 1967.

Petition for rehearing denied April 25, 1967.

Attorney(s) appearing for the Case

Oliver Crowther, Portland, argued and reargued the cause for appellants. With him on the briefs was Anthony Pelay, Jr., Portland.

James C. Breathouwer, Portland, argued the cause, and Carlton R. Reiter, Portland, reargued the cause for respondents. With them on the brief were Reiter, Day, Anderson & Wall, Portland.

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

AFFIRMED.

O'CONNELL, J.

This suit was brought to foreclose a second mortgage after the first mortgage was foreclosed and the land was redeemed from the foreclosure sale by the grantees of the mortgagors. Plaintiffs appeal from a decree in favor of defendants. The facts are as follows:

(1) On February 2, 1960, Duane and Patricia Mae Jeremiah executed a first mortgage to Pacific Mutual Life Insurance Company...

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