AKINS v. VERMAST

95 CV 0119; CA A94814.

945 P.2d 640 (1997)

150 Or. App. 236

James L. AKINS, Trustee of the Akins Loving Trust DTD 2/3/93, Appellant-Cross-Respondent, v. Lynda S. VERMAST, Defendant, and Jack A. Reynolds and Vivian Reynolds, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided September 24, 1997.


Attorney(s) appearing for the Case

Michael C. Wetzel, Medford, argued the cause for appellant—cross-respondent. With him on the briefs was Fowler & McNair.

Mark Lansing, Grants Pass, argued the cause for respondents—cross-appellants. With him on the briefs was Sloan & Lansing.

Before LANDAU, P.J., LEESON, J., and RICHARDSON, Senior Judge.


LEESON, Judge.

In this foreclosure action, plaintiff appeals from a judgment declaring that defendants'1 purchase money mortgage has priority over plaintiff's trust deed. Defendants cross-appeal from the trial court's refusal to cancel the warranty deed from defendants to Lynda S. Vermast and plaintiff's trust deed. We review de novo. ORS 19.125(3). We conclude that the warranty deed from defendants to Vermast should be canceled...

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