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CITIZENS VALLEY BANK v. PRAHL

502 P.2d 284 (1972)

CITIZENS VALLEY BANK, Appellant, v. H. Huntley PRAHL and Janet S. Prahl, Husband and Wife, et al., Defendants, Benton County, Oregon, Stephen G. Fithian and Janis Carol Fithian, His Wife, Respondents.

Court of Appeals of Oregon.

Decided October 12, 1972.

Attorney(s) appearing for the Case

James H. Jordan, Albany, argued the cause for appellant. With him on the brief were Weatherford, Thompson, Horton & Jordan, P.C., Albany.

James M. Brown, Dist. Atty., Corvallis, argued the cause and filed the brief for respondent Benton County.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

This appeal is from a circuit court judgment, following the sustaining of the county's demurrer and plaintiff's refusal to further plead, which holds that a Benton County personal property tax lien is prior to that of plaintiff Citizens Valley Bank against certain real property. The pleadings allege that one Prahl had sold on contract to Fithian the real property in question on January 15, 1970. The legal title to the real property remained in Prahl...

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