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ESTATE OF BREWER v. IOTA DELTA CHAPTER

TC 80-0890-NJ-2/CA A27722/SC S31014.

692 P.2d 597 (1984)

298 Or. 383

The ESTATE OF Gail S. BREWER, Sr., by First National Bank of Oregon, Personal Representative, Petitioner On Review, v. IOTA DELTA CHAPTER, Tau Kappa Epsilon Fraternity, Inc., an Oregon Non-Profit Corporation, Defendant. Tke House Fund, Inc., an Indiana Non-Profit Corporation, Respondent On Review, v. Archie K. Krebs and Hazel R. Krebs, Husband and Wife, and David M. Lenchner and Michael Crowley, Respondents, General Credit Service, Inc., an Oregon Corporation, Third-Party Defendant.

Supreme Court of Oregon, In Banc.

Decided December 27, 1984.

Rehearing Denied February 12, 1985.

Attorney(s) appearing for the Case

Thomas C. Howser, of Cottle & Howser, P.C., Ashland, argued the cause and filed the petition for petitioner on review.

Karen C. Allan, of Foster & Purdy, Medford, argued the cause for respondent on review.

JONES, Justice.

Plaintiff, the Estate of Gail S. Brewer, Sr., seeks review of a decision of the Court of Appeals, 69 Or.App. 82, 686 P.2d 393, that the mortgagee of a vendee's interest had rights in the property that were not extinguished when the vendee abandoned its interest in the property. We reverse.

The essential facts are not in dispute. On April 28, 1965, Gail and Mildred Brewer...

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