BAGGAO v. MASCARO

84-0217C; CA A33902.

714 P.2d 261 (1986)

77 Or.App. 627

Arville G. BAGGAO, Plaintiff-Appellant, v. George MASCARO, Defendant — Third-Party Plaintiff-Respondent, v. Lincoln Savings and Loan and Safeco Title Insurance Company, Third-Party Defendants-Appellants.

Court of Appeals of Oregon.

Decided February 12, 1986.


Attorney(s) appearing for the Case

Bennett H. Goldstein, Portland, argued the cause for appellants. With him on the briefs were Bertrand J. Close and Stoel, Rives, Boley, Fraser & Wyse, Portland.

George J. Gregores, Portland, argued the cause for respondent. On the brief was Glenn H. Prohaska, Portland.

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


BUTTLER, Presiding Judge.

Plaintiff Baggao appeals from a judgment for defendant Mascaro in this action brought to strictly foreclose Mascaro's interest in real property. The issue on cross-motions for summary judgment was whether Mascaro's interest was superior to that of plaintiff. The trial court determined that it was and granted summary judgment for defendant. Third-party defendant Lincoln Savings and Loan Association is the beneficiary under a deed of trust...

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