ENSLEY-KOEBEL v. NATIONAL GUARANTY PROPERTIES


568 P.2d 655 (1977)

279 Or. 391

ENSLEY-KOEBEL, an Oregon Corporation, Plaintiff, v. NATIONAL GUARANTY PROPERTIES, Inc., a Washington Corporation, Michael W. Monroe and Cheryl K. Monroe, His Wife, Richard L. Stenshoel and Kathleen Stenshoel, His Wife, John W. Hite, a Single Man, Home Federal Savings & Loan, an Association, Casserly & Botens Landscaping, Cps Construction Company, Inc., Dba Valley Cabinet Works, Morse Brothers, Inc., Meridian Plumbing, Bartlett Electric, Inc., Krause and Scheelar, Inc., and G. Cooley Contract Floor Covering, Defendants, Wesley R. Rounds and Joan E. Rounds, His Wife, Appellants, Rainier Mortgage Company, a Washington Corporation, Respondent, J.K. Gill Co., Ltd., Intervenor.

Supreme Court of Oregon, In Banc.

Decided September 13, 1977.


Attorney(s) appearing for the Case

Wesley R. Rounds and Joan E. Rounds filed a brief in pro. per., for appellants.

Robert T. Scott of Scott & Norman, Albany, filed a brief for Continental Consultants, Inc., assignee of respondent Rainier Mortg. Co.


TONGUE, Justice.

This appeal challenges the validity of an order setting aside a judicial sale.

This proceeding started as a suit to foreclose a mechanic's lien. In the course of the proceeding Continental Consultants, Inc., the holder by assignment of a second mortgage, sought by answer and cross-complaint to have it foreclosed. That cross-complaint for foreclosure, as prepared by Continental's Washington counsel, alleged that the mortgage was a mortgage...

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