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FAMILY FED. S & L ASS'N v. PARADISE VENTURES

No. 36744; CA 9618.

589 P.2d 1167 (1979)

38 Or.App. 199

FAMILY FEDERAL SAVINGS AND LOAN ASSOCIATION OF DALLAS, Oregon, a Federal Corporation Formerly Known As Polk County Federal Savings & Loan Association of Dallas, Oregon, a Federal Corporation, Respondent, v. PARADISE VENTURES, Inc., an Oregon Corporation; Department of Revenue of the State of Oregon; Lincoln Adjustment Service, Inc., an Oregon Corporation, Empire Pacific Industries, Also Known As Cal-Roof Wholesale, Inc., a Corporation, and Employment Division, State of Oregon, Defendants, Frank J. Healy, Receiver in Marion County Circuit Court Proceeding Number 90736, Appellant, Charles H. Black and Virginia R. Black, Husband and Wife, and United States of America, Respondents.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

J. Christopher Minor, Newport, argued the cause for respondent Family Federal Savings and Loan Association of Dallas, Oregon, a federal corporation. With him on the brief was Minor, Yeck & Beeson, P.C., Newport.

M. Carr Ferguson, Asst. Atty. Gen., Tax Div., and Gilbert E. Andrews, Chief, App. Section, Washington, D.C., waived appearance for respondent The United States of America.

No appearance for respondents Charles H. Black and Virginia R. Black, husband and wife.

Before SCHWAB, C.J., and THORNTON, BUTTLER and JOSEPH, JJ.

BUTTLER, Judge.

Defendant Healy (receiver) appeals from that portion of a foreclosure decree entered in the circuit court of Lincoln County which decreed that plaintiff has a first and prior lien on the real property which was the subject of the foreclosure suit, and declaring that defendant Healy's "receiver's lien" is ninth in priority.

The material facts are not in dispute, and need not be elaborated in detail. Plaintiff was the holder of a first mortgage...

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