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WARREN L. BOSTICK FAMILY TRUST v. MAGLIOCCO

No. 75-22-E; SC 25452.

583 P.2d 1132 (1978)

WARREN L. BOSTICK FAMILY TRUST and Warren L. Bostick, d/b/a Shasta View Properties, a Co-Partnership, Respondents, v. Emil MAGLIOCCO, Jr., John B. Cella II, Howard M. Downs, Henry Ritter, Jr., and Joseph Copeland, Appellants.

Supreme Court of Oregon, Department 1.

Decided September 12, 1978.

Attorney(s) appearing for the Case

Sidney E. Ainsworth, Ashland, argued the cause for appellants. With him on the brief were Jack Davis and Davis, Ainsworth & Pinnock, Ashland.

George Proctor of Proctor & Puckett, Klamath Falls, argued the cause and filed a brief for respondents.

Before HOLMAN, P.J., and HOWELL, BRYSON and LENT, JJ.

HOWELL, Justice.

This is a suit to foreclose a real property mortgage executed by defendant Magliocco in favor of plaintiffs.1 The mortgage was given to secure payment of a promissory note in the amount of $144,845.43. The defendant filed an answer alleging that the property was purchased as a result of fraudulent misrepresentation and requested an abatement of the purchase price and recoupment in the amount of $190,000. The trial court...

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