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SAFECO TITLE INS. CO. OF OREGON v. KIRTLEY

84-568-NJ-1; CA A35609.

723 P.2d 1027 (1986)

80 Or. App. 518

SAFECO TITLE INSURANCE COMPANY OF OREGON, an Oregon corporation, Respondent, v. William S. KIRTLEY and Edith G. Kirtley, Appellants.

Court of Appeals of Oregon.

Decided August 6, 1986.

Attorney(s) appearing for the Case

Kelly L. Anderson, Central Point, argued the cause for appellants. With him on the brief was Richardson & Anderson, Central Point.

Gary L. Vigna, Portland, argued the cause for respondent. With him on the brief was Howe & Harris, Portland.

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

WARDEN, Presiding Judge.

Plaintiff brought this action seeking a declaration of the respective rights of plaintiff and defendants in a parcel of real property. The trial court found that a deed to defendants was actually a mortgage and that, after the subsequent delivery of an estoppel deed to defendants by the mortgagor, their interest as mortgagees merged with their fee interest in the land. As a result, defendants' interest emanating from the estoppel deed became...

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