FORD v. GRIMES

90CV031; CA A66552.

820 P.2d 904 (1991)

109 Or.App. 692

Helen FORD, Respondent, v. Beverly Ann GRIMES, Appellant.

Court of Appeals of Oregon.

Decided November 13, 1991.


Attorney(s) appearing for the Case

Maurice L. Russell, II, Salem, argued the cause for appellant. With him on the briefs were Churchill, Leonard, Brown & Donaldson, Salem, and Patrick R. Foley, Brookings.

John L. Hemann, Salem, argued the cause for respondent. With him on the brief were Garrett, Seideman, Hemann & Robertson, P.C., Salem, and James W. Gardner, Gold Beach.

Before WARREN, P.J., JOSEPH, C.J., and EDMONDS, J.


PER CURIAM.

Defendant appeals a judgment that quieted title to real property in plaintiff, awarded plaintiff past due rent and dismissed defendant's counterclaims. Defendant's first two assignments of error relate to her counterclaims for a declaration of an equitable mortgage and a constructive trust, each of which must be proved by clear and convincing evidence. See Albino v. Albino, 279 Or. 537

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