BECKHUSON v. FRANK

A8508-05456; CA A45662.

775 P.2d 923 (1989)

97 Or.App. 347

Murray R. BECKHUSON, Appellant, v. Gloria G. FRANK, Clair B. Frank, Alice M. Hill, John D. Hill, Jan F. Raber, Eli R. Raber, Mirriam J. Zook and Paul J. Zook, Respondents.

Court of Appeals of Oregon.

Decided June 28, 1989.


Attorney(s) appearing for the Case

David P. Roy, Portland, argued the cause for appellant. With him on the briefs were Kerry M. Smith and Rappleyea, Beck, Helterline, Spencer & Roskie, Portland.

Theodore H. Heap, Portland, argued the cause and filed the brief for respondents.

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


BUTTLER, Presiding Judge.

Plaintiff brought this action on a promissory note. The case was tried to the court and, in response to plaintiff's timely request pursuant to ORCP 62, the trial court made special findings of fact and conclusions of law. The trial court held that the trust deed securing the note limited plaintiff's remedies to judicial or nonjudicial foreclosure of the trust deed and granted judgment for defendants. We reverse.

We take the facts...

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