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SAILER v. LAND-LIVESTOCK-RECREATION, INC.

522 P.2d 214 (1974)

Charlie SAILER and Gladys Sailer, His Wife, Respondents, v. LAND-LIVESTOCK-RECREATION, INC., an Oregon Corporation, et al., Defendants, Jean E. (Carnes) Scott and Ralf H. Erlandson, Appellants, Paul J. O'Hollaren et al., Defendants.

Supreme Court of Oregon.

Decided May 16, 1974.

Attorney(s) appearing for the Case

William B. Reisbick of Erlandson & Reisbick, Milwaukie, argued the cause for appellants.

James C. Tait, Oregon City, argued the cause for respondents. With him on the brief were George L. Hibbard, and Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

HOWELL, Justice.

Plaintiffs filed this suit to foreclose a mortgage given by the defendant Land-Livestock-Recreation, Inc. (hereinafter "LLR") on land formerly owned by defendant Jean Scott. The trial court entered a decree that plaintiffs' mortgage constituted a prior lien and that the mortgage be foreclosed and the property sold. Defendants Scott and Erlandson appeal.

Defendant Scott transferred a tract of land in Clackamas County to defendant LLR on November...

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