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UNITED STATES NAT. BANK OF OREGON v. SMITH

No. 78-3448; CA 16508.

619 P.2d 921 (1980)

49 Or.App. 289

UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Respondent, v. W.R. SMITH, Appellant, Patricia Lynn Smith, Standard Oil Company of California, Man-Data Inc., Dba Pacific Coast Credit, Defendants.

Court of Appeals of Oregon.

Decided November 17, 1980.

Attorney(s) appearing for the Case

Harold D. Gillis, Eugene, argued the cause and filed the briefs for appellant.

Richard Bryson, Eugene, argued the cause for respondent. With him on the brief was Bryson & Bryson, Eugene.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

ROBERTS, Judge.

This is a suit seeking foreclosure of a mortgage and a judgment for the balance due on a promissory note. The trial court awarded plaintiff a judgment against W.R. and Patricia Lynn Smith for $5,455.80 plus interest and a title search fee of $50. The court directed foreclosure of the mortgage and the sale of the real property on execution to satisfy the judgment. Plaintiff's mortgage was found to be superior to the claims of all other defendants. Plaintiff...

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