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BANK OF OREGON v. HIWAY PRODUCTS

No. 77-4-77; CA 10328.

598 P.2d 318 (1979)

41 Or.App. 223

BANK OF OREGON, a Corporation, Appellant, v. HIWAY PRODUCTS, Inc., an Oregon Corporation, and Canby Union Bank, an Oregon Corporation, Respondents, Glenn Onion, Intervenor and Cross-Complainant-Respondent.

Court of Appeals of Oregon.

Decided July 30, 1979.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, argued the cause for appellant. With him on the briefs were Souther, Spaulding, Kinsey, Williamson & Schwabe, Roy D. Lambert, and L. Edward Robbins, Portland.

Tony Pizzuti, Canby, argued the cause for respondent Hiway Products, Inc. On the brief was Clifford L. Freeman, Portland.

No appearance for respondent Canby Union Bank, an Oregon corporation.

Sid Brockley, Oregon City, argued the cause for intervenor and cross-complainant-respondent. With him on the brief was Emil R. Berg, Oregon City.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

THORNTON, Judge.

Plaintiff appeals from the trial court's decision that plaintiff did not have a mortgage on the property in issue. The purported mortgage, a second mortgage on property of defendant Hiway Products, Inc. (Hiway), was given to secure the personal guaranty given by Carl Braman, stockholder in and onetime president of Hiway, for debts of another corporation, Ordeco, Inc. (Ordeco).

Plaintiff's main contention is that the trial court erred in determining...

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