HOUCK v. FELLER LIVING TRUST

00-10273; A119142.

79 P.3d 1140 (2003)

191 Or. App. 39

W. Margaret HOUCK, Appellant, v. The FELLER LIVING TRUST; The Clarence B. Feller and Georgia R. Feller Revocable Trust; Georgia R. Feller, Trustee of The Feller Family Trust, and Cheryl A. Kelly, Successor Trustee of the Clarence B. Feller and Georgia R. Feller Revocable Living Trust dated June 11, 1990, Respondents.

Court of Appeals of Oregon.

Decided November 26, 2003.


Attorney(s) appearing for the Case

John D. Albert, Salem, argued the cause for appellant. With him on the briefs was Albert & Tweet, LLP.

Thomas L. Gallagher, Jr., Corvallis, argued the cause and filed the brief for respondents.

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


LANDAU, P.J.

Plaintiff initiated this action against defendants, the Clarence B. Feller and Georgia R. Feller Revocable Trust and its trustees (the trust), for foreclosure of a trust deed and payment on a note, both of which had been executed to secure two unpaid loans. The trust counterclaimed to quiet title in the trust property that had been used to secure one of those loans. It moved for summary judgment on all claims, arguing that the individual who had secured...

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