JOHNSON v. STEEN


575 P.2d 141 (1978)

281 Or. 361

Cecil R. JOHNSON, Conservator of the Estate of Carl W. Johnson, Respondent, v. Lillian STEEN, Donald R. Steen and Elizabeth F. Steen, Appellants.

Supreme Court of Oregon, Department 1.

Decided February 14, 1978.


Attorney(s) appearing for the Case

Ralph W.G. Wyckoff, Salem, argued the cause and filed the briefs for appellant Lillian Steen.

Paula M. Bechtold, Coos Bay, argued the cause for appellants Donald R. Steen and Elizabeth F. Steen. With her on the brief was Bechtold & Laird, Coos Bay.

Roger B. Todd, North Bend, argued the cause for respondent. With him on the brief was Flaxel, Todd & Nylander, North Bend.

Before DENECKE, C.J., and HOWELL and BRYSON, JJ., and RICHARDSON, J. Pro Tem.


RICHARDSON, Justice Pro Tem.

This is a suit in equity to recover $150,000 acquired by defendants from plaintiff's ward. The court ruled the ward had not made a gift of the funds. The court decreed that two mortgages, which had been discharged by defendants from the funds in issue, were reinstated and that plaintiff was subrogated to the rights of these secured creditors. The decree awarded plaintiff an equitable lien on three items of personal property purchased by...

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