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SECURITY STATE BANK v. LUEBKE

32796; CA A36325.

723 P.2d 369 (1986)

80 Or. App. 669

SECURITY STATE BANK, a Washington Banking corporation, Respondent, v. James A. LUEBKE; George J. Corrigan and Susan M. Corrigan, husband and wife; James L. Bowlin, Jr. and Jo Anne L. Bowlin, husband and wife; Elaine E. Johnson, a/k/a Elaine E. Stowe, Respondents, and James D. Rathbone, Appellant.

Court of Appeals of Oregon.

Decided August 13, 1986.

Reconsideration Denied October 3, 1986.

Attorney(s) appearing for the Case

Lawrence W. Erwin, Bend, argued the cause and filed the briefs for appellant.

Martin Hansen, Bend, argued the cause and filed the brief for respondent Sec. State Bank.

Max Merrill, Bend, waived appearance for respondents George J. Corrigan, Susan M. Corrigan and Elaine E. Johnson, aka Elaine E. Stowe.

Robert Abel, Salem, waived appearance for respondents James L. Bowlin, Jr. and Jo Anne L. Bowlin.

No appearance for respondent James A. Luebke.

Before RICHARDSON, P.J., and WARDEN and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendant Rathbone appeals from a trial court judgment foreclosing his interest in real property. He contends that the Statute of Limitations, ORS 88.110, barred plaintiff's foreclosure action. We reverse and remand.1

On July 15, 1970, defendant Luebke executed and delivered to plaintiff a promissory note in the amount of $46,560.81, secured by a mortgage on the real property that is the subject of this action...

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