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ARMSTRONG v. LOVELACE

TC 21427; SC 25556.

590 P.2d 1231 (1979)

285 Or. 313

Wallace E. ARMSTRONG and Carolyn Armstrong, Respondents, v. Sonya LOVELACE, Defendant, and Robert Lovelace, Appellant.

Supreme Court of Oregon, In Banc.

Decided February 21, 1979.

Attorney(s) appearing for the Case

Richard E. Forcum, Bend, argued the cause for appellant. With him on the brief were Paul J. Speck, Forcum, West & Speck, Bend.

Gerald A. Martin, of Gray, Fancher, Holmes & Hurley, Bend, argued the cause and filed a brief for respondents.

Argued and Submitted at Pendleton October 30, 1978.

LINDE, Justice.

On September 22, 1976, Sonya Lovelace entered into an earnest money agreement to sell certain acreage in Deschutes County to the plaintiffs, Mr. and Mrs. Wallace Armstrong. On November 21, 1976, Mrs. Lovelace executed a bargain-and-sale deed to the land to Robert Lovelace, her brother-in-law. The deed was intended as a mortgage to secure a new $4,000 loan from Robert to his brother Elwood...

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