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HOLM v. EPPING

547 P.2d 600 (1976)

Maureen HOLM, Respondent, v. F.P. EPPING, by Jerome Epping, his guardian ad litem, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 2, 1976.

Attorney(s) appearing for the Case

Elton T. Lafky, Salem, argued the cause for appellant. With him on the briefs was James Richard Scruggs, Jr., Law Student.

Ralph W.G. Wyckoff, Salem, argued the cause and filed a brief for respondent.

PER CURIAM.

Plaintiff brought this suit to foreclose a note and mortgage. The defendant, the maker of the instruments, answered alleging that the instruments were void and should be rescinded because he was mentally incapable of validly executing the instruments. The trial court held for plaintiff and defendant appeals.

The defendant, who is now 56 years old, employed the plaintiff, a nurse, to take care of his wife...

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