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SAMUELSON v. PROMONTORY INVESTMENT CORP.

A8304-02692 [control]; A8401-00399; and A8401-00551 CA A36343.

736 P.2d 207 (1987)

85 Or.App. 315

Bruce A. SAMUELSON, A.I.A., Plaintiff, v. PROMONTORY INVESTMENT CORPORATION, a Corporation; H.M. Amsberry, D.M.D.; H.M. Amsberry, D.M.D., P.C.; and Parr Lumber Company, a Corporation, Defendants, Lewis and Clark State Bank, a Corporation, Respondent, Scott Acceptance Corporation, a Corporation, Respondent-Cross-Appellant. Anne M. Swearengin, Appellant-Cross-Respondent, v. ROBERT M. ARTHUR; SHEILA M. ARTHUR; KENNETH J. HARDY; YONEX CORPORATION, an Oregon Corporation; and Willard H. Young, Defendants. Evergreen Forest Products, Inc., a Washington Corporation, Plaintiff, v. ANNE M. SWEARENGIN, Appellant-Cross-Respondent, Lewis & Clark State Bank, an Oregon Corporation, Respondent, Scott Acceptance Corporation, an Oregon Corporation, Respondent-Cross-Appellant, PROMONTORY INVESTMENT Corporation, an Oregon Corporation; H.M. Amsberry, Bruce A. Samuelson, Timothy Marvin Aldiner and Barbara Aldinger, Dba Carpets Direct of Oregon, Defendants. Anne M. Swearengin, Appellant-Cross-Respondent, v. ROBERT M. ARTHUR; SHEILA M. ARTHUR; KENNETH J. HARDY; H.M. AMSBERRY, D.M.D., P.C., an Oregon Professional Corporation; Yonex Corporation, an Oregon Corporation; and Willard H. Young, Defendants. Tim Aldinger, Dba Carpets Direct of Oregon, Plaintiff, v. Anne M. Swearengin, Appellant-Cross-Respondent, Scott Acceptance Corporation, an Oregon Corporation, Respondent-Cross-Appellant, Lewis & Clark State Bank, an Oregon Corporation, Respondent, PROMONTORY INVESTMENT CORP., an Oregon Corporation, Defendant. Anne M. Swearengin, Appellant-Cross-Respondent, v. Robert M. Arthur; Sheila M. Arthur; Kenneth J. Hardy; H.M. Amsberry; H.M. Amsberry, D.M.D., P.C., an Oregon Professional Corporation; Yonex Corporation, an Oregon Corporation; and Willard H. Young, Defendants.

Court of Appeals of Oregon.

Decided May 6, 1987.

Attorney(s) appearing for the Case

Paul D. Schultz, Oregon City, argued the cause for appellant-cross-respondent Swearengin. With him on the briefs were George L. Hibbard and Hibbard, Caldwell, Bowerman, Schultz & Hergert, Oregon City.

Christine Kosydar, Portland, argued the cause for respondent-cross-appellant Scott Acceptance Corp. and respondent Lewis & Clark State Bank. With her on the briefs was Stoel, Rives, Boley, Fraser & Wyse, Portland.

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

YOUNG, Judge.

These separate actions were commenced to foreclose construction liens against land owned by defendant-third party plaintiff Swearengin (Swearengin) and leased to defendant Promontory Investment Corporation (Promontory). Lewis and Clark State Bank (Bank) and Scott Acceptance Corporation (Scott) by way of a cross-complaint sought to foreclose trust deeds on Swearengin's land which were given to secure loans made to Promontory. Swearengin sought to avoid...

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