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JOHN HANCOCK MUTUAL LIFE INS. CO. v. ARNOLD

84-1586 C; CA A36844.

735 P.2d 1270 (1987)

85 Or.App. 140

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a Massachusetts Corporation, Plaintiff-Respondent, v. E.W. ARNOLD, Edith Arnold, Pacific Timber Farms, Inc., a Dissolved Corporation, Defendants-Appellants, and State Accident Insurance Fund, Defendant.

Court of Appeals of Oregon.

Decided April 22, 1987.

Reconsideration Denied June 26, 1987.

Attorney(s) appearing for the Case

John R. Miller, Salem, argued the cause and filed the brief for defendants-appellants.

Mark M. LeCoq, Portland, argued the cause for plaintiff-respondent. With him on the brief were Mildred J. Carmack, Portland, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

VAN HOOMISSEN, Judge.

In this foreclosure action, defendants appeal from a summary judgment. They contend that, because the property consists of several parcels and because they have substantial equity in it, there was a factual question regarding partition of the property. They argue that the trial court should have partitioned the parcels, setting aside sufficient property to satisfy the mortgage and allowing defendants...

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