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TURNER v. CLARK

560 P.2d 624 (1977)

277 Or. 307

Thomas B. TURNER and Sandra E. Turner, Appellants, v. Joseph R. CLARK and Kathryn G. Clark, Respondents.

Supreme Court of Oregon.

Decided February 25, 1977.

Attorney(s) appearing for the Case

Mark D. Donahue, Corvallis, argued the cause and filed the brief for appellants.

Dean M. Quick, Eugene, argued the cause for respondents. With him on the brief were Bicke & Monte, Eugene.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, LENT, LINDE and BRADSHAW, JJ.

BRADSHAW, Justice, Pro Tem.

This is a suit in equity seeking foreclosure of a mortgage. The trial court sustained a demurrer to the complaint. The plaintiffs elected not to plead further and a decree was entered in favor of defendants. The plaintiffs appeal, assigning as error the trial court's sustaining defendants' demurrer to the complaint.

The complaint first alleges a promissory note executed by the defendants January 20, 1966, payable to Mr. and Mrs...

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