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SACKETT v. MITCHELL

505 P.2d 1136 (1973)

Thomas D. SACKETT and Edith Sackett, Husband and Wife, Appellants, v. Dean H. MITCHELL and Odea A. Mitchell, Husband and Wife, Respondents, and Roger L. Gay et al., Defendants.

Supreme Court of Oregon, In Banc.

Decided February 1, 1973.

Attorney(s) appearing for the Case

Eric C. Larson, Gresham, argued the cause for appellants. On the brief were Burns & Lock and Terry G. Hannon, Gresham.

Raul Soto-Seelig, Portland, argued the cause for respondents. With him on the brief was Paul J. Rask, Portland.

TONGUE, Justice.

This is a suit in equity to foreclose a mortgage. On trial, to avoid a failure of proof of the allegations of their complaint, as pleaded, plaintiffs moved for leave to file an amended complaint. The trial court denied that motion, but with leave for plaintiffs to move for a dismissal without prejudice, so as to permit plaintiffs to refile a new complaint. That motion was then made by plaintiffs and allowed...

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