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MAYER v. BASSETT

501 P.2d 782 (1972)

Donald J. MAYER, Plaintiff, Audrey Kleinknecht, Appellant, v. Alton John BASSETT, Respondent.

Supreme Court of Oregon, In Banc.

Decided October 9, 1972.

Attorney(s) appearing for the Case

Michael J. Esler, Portland, argued the cause for appellant. With him on the brief were David W. Harper, and Keane, Haessler, Harper, Pearlman & Copeland, Portland.

James O. Goodwin, Oregon City, argued the cause for respondent. With him on the brief were Jack, Goodwin & Anicker, Oregon City.

BRYSON, Justice.

This is a suit by Donald J. Mayer, assignor, and Audrey Kleinknecht, assignee, to reform and foreclose a second mortgage executed by defendant on real property in Clackamas County, Oregon. The defendant's answer alleges no delivery of the mortgage by defendant to Mayer and certain set-offs against plaintiff Mayer.

Plaintiff Mayer assigned the mortgage to the Community Bank, which in turn assigned it to plaintiff Kleinknecht, presumably for...

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