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WELSH v. CASE

98-12-39158; A112310

43 P.3d 445 (2002)

180 Or. App. 370

Gent WELSH, William F. Schroeder, and John T. Schroeder, Respondents, v. Stanley W. CASE, Wren Case, Lovene Case, Wren Case and Lovene H. Case, Trustees of the Wren W. and Lovene H. Case Living Trust dated November 2, 1992, Appellants.

Court of Appeals of Oregon.

Decided March 27, 2002.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellants.

Martin Leuenberger, Baker City, argued the cause for respondents. With him on the brief was Carol DeHaven Skerjanec, Vale.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

To pay for professional services rendered in a bankruptcy matter, defendants gave promissory notes secured by a mortgage to plaintiffs, who were their attorneys and a consultant. When defendants defaulted, plaintiffs brought this foreclosure action. Defendants assign error to the trial court's denial of their request for a jury trial and to the court's rejection of their defenses challenging the enforceability of the mortgage. We affirm.

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