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WALKUP v. CUSHING

90-1253-L-1; CA A71853.

844 P.2d 237 (1992)

117 Or. App. 351

Mick WALKUP and Betty Walkup, husband and wife, Appellants, v. Douglas CUSHING, Respondent.

Court of Appeals of Oregon.

Decided December 23, 1992.

Reconsideration Denied March 3, 1993.

Attorney(s) appearing for the Case

Daniel C. Thorndike, Medford, argued the cause for appellants. With him on the brief were Ervin B. Hogan and Blackhurst, Hornecker, Hassen & Thorndike.

P. David Ingalls, Medford, argued the cause for respondent. With him on the brief was Cowling & Heysell.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

In this professional negligence case, plaintiffs claim that defendant was negligent in failing to raise a defense on their behalf when he represented them in an earlier action. We reverse.

The legal issue is whether, when a mortgagee1 transfers the debt and the mortgage to the grantee of the mortgagor, the debt merges with the security. If it does, defendant was not entitled to summary judgment on plaintiffs' claim...

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