FIRST STATE BANK v. HOEHNKE NURSERY CO.

Nos. 116796, 119922; CA A21498.

667 P.2d 1022 (1983)

63 Or.App. 816

FIRST STATE BANK of Oregon, an Oregon Corporation, Respondent-Cross-Appellant, v. HOEHNKE NURSERY Company, William E. Lofgren, and Jean K. Lofgren, Respondents-Cross-Appellants, Cross-Respondents, Capital Investments, Inc., a Corporation, Appellant-Cross-Respondent, Business Men's Service, CO., Respondent. Capital Investments, Inc., Appellant-Cross-Respondent, v. William E. Lofgren, Jean K. Lofgren, Husband and Wife; Respondents, Cross-Appellants, Cross-Respondents, and First State Bank of Oregon, an Oregon Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided July 6, 1983.

Reconsideration Denied September 30, 1983.


Attorney(s) appearing for the Case

Jeffrey P. Foote, Portland, argued the cause and filed the briefs for appellant-cross-respondent.

Mildred J. Carmack, Portland, argued the cause for respondent-cross-appellant First State Bank of Oregon. With her on the briefs was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Jack L. Orchard, Portland, argued the cause for respondents-cross-appellants, cross-respondents Hoehnke Nursery Co., William E. Lofgren and Jean K. Lofgren. With him on the briefs was O'Connell, Goyak & Ball, P.C., Portland.

No appearance for respondent Business Men's Service Co.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

In these consolidated foreclosure actions, First State Bank of Oregon (Bank) and Capital Investment Company (Capital) are proceeding against defendant Hoehnke Nursery Company's real property in Marion County (the Marion County property) and defendants Lofgrens' residential property in Multnomah County (the Multnomah County property). Bank held a mortgage on the Marion County property and a trust deed on the Multnomah County property securing two notes...

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