CROWHURST v. BUTTON

No. 26857; CA 19281.

636 P.2d 1023 (1981)

Norman H. CROWHURST and Kathleen D. Crowhurst, Respondents, v. Myron S. BUTTON and Jane L. Button, Appellants, Dennis D. Buchholz and Roxanne L. Buchholz, Defendants.

Court of Appeals of Oregon.

Decided December 1, 1981.


Attorney(s) appearing for the Case

Robert P. VanNatta, St. Helens, argued the cause for appellants. With him on the briefs was VanNatta & Petersen, St. Helens.

Mark Irick, Dallas, argued the cause for respondents. With him on the brief was Hayter, Shetterly & Irick, Dallas.

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


YOUNG, Judge.

Plaintiffs seek a declaration of the relative rights and interests of the parties in a parcel of real property located in Polk County. Defendants filed a general denial. The case was tried by the court, sitting in equity.

The trial court decreed that plaintiffs were the "legal owners" of the subject real property and that defendants Button (Buttons) had a security interest in the property "in the nature of a mortgage" and awarded plaintiffs a...

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