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RUSHER v. BUNKER

CV 85-206; CA A46715.

782 P.2d 170 (1989)

99 Or.App. 303

Mark D. RUSHER, Herbert I. McCann and Eulah F. McCann, Husband and Wife, and Harry M. Kuhlmann and Loretta Geneva Kuhlmann, Husband and Wife, Appellants, v. Charles L. BUNKER and Dorothy Roberts Bunker, Husband and Wife, First American Banking Company, Formerly Pendleton Banking Company, and Federal Deposit Insurance Corporation, Defendants, and Benjamin Franklin Federal Savings & Loan Association, a Corporation, Respondent.

Court of Appeals of Oregon.

Decided November 8, 1989.

Attorney(s) appearing for the Case

William J. Storie, Pendleton, argued the cause and filed the briefs for appellants. With him on the briefs was Storie & Olsen, Pendleton.

Douglas E. Hojem, Pendleton, argued the cause for respondent. With him on the brief was Corey, Byler, Rew, Lorenzen & Hojem, Pendleton.

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

DEITS, Judge.

Plaintiffs brought this action for foreclosure of a mortgage on real property owned by defendants Bunker. They appeal from the judgment of foreclosure, arguing that their mortgage was entitled to priority over a trust deed held by Benjamin Franklin Federal Savings & Loan Association (Benjamin Franklin).1

On July 31, 1979, the Bunkers gave plaintiffs three promissory notes, secured by a pledge of stock and by a...

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