TYLER v. BUTCHER

83-2229-NJ-2; CA A37061.

734 P.2d 1382 (1987)

84 Or. App. 656

Arthur E. TYLER and Fay L. Tyler, Husband and Wife, Respondents, v. Leo BUTCHER and Joan Butcher, Husband and Wife, Respondents, Mildred G. Roland, Helen G. Farmer, and Adrian F. Barats and Barbara J. Barats, Husband and Wife, Defendants, El Butcher and Sandra Butcher, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided April 8, 1987.


Attorney(s) appearing for the Case

Penny Lee Austin, Medford, argued the cause and filed the briefs for appellants. With her on the briefs was Black, Hanson, Crain & Austin, Medford.

James L. Mueller, Medford, argued the cause and filed the brief for respondents Arthur E. Tyler and Fay L. Tyler.

No appearance for respondents Leo Butcher and Joan Butcher.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

El and Sandra Butcher (defendants) appeal a judgment for plaintiffs that foreclosed a mortgage dated September 19, 1977, on real property. In March, 1983, defendants had foreclosed their 1981 trust deed and had acquired title to the property. Plaintiffs and defendants each moved for summary judgment. The court granted plaintiffs' motion, denied defendants' motion and held that plaintiffs' mortgage was superior...

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