STATE BY AND THROUGH ETC. v. McPHERSON

No. 8410; CA A22451.

651 P.2d 175 (1982)

59 Or.App. 492

STATE of Oregon, Acting BY AND THROUGH the Director of Veterans' Affairs, Respondent, v. Stewart W. McPherson, Jr., Appellant.

Court of Appeals of Oregon.

Argued and Submitted August 12, 1982.

Reconsideration Denied November 19, 1982.


Attorney(s) appearing for the Case

Ralph C. Spooner, Salem, argued the cause and filed the briefs for appellant. With him on the briefs was Williams & Spooner, Salem.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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


WARDEN, Judge.

Plaintiff brought this action to foreclose a mortgage given as security for a farm loan made to defendant by the Department of Veterans' Affairs (DVA). Its complaint alleged that defendant had defaulted by failing to occupy the mortgaged property as his home. A judgment of foreclosure was entered in favor of plaintiff. Defendant appeals. We affirm.

Defendant's five assignments of error raise three questions: 1) Whether plaintiff was entitled...

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