ESTATE OF HUTCHINS v. FARGO

93CV3003; A117086.

72 P.3d 638 (2003)

188 Or. App. 462

ESTATE OF Selmar A. HUTCHINS, Deceased, Respondent, v. Michael S. FARGO and John Does # 1-10, Defendants, and E.R. "Max" Mills, Appellant.

Court of Appeals of Oregon.

Decided July 2, 2003.


Attorney(s) appearing for the Case

Jim Petersen argued the cause for appellant. With him on the briefs was Slothower & Petersen, PC.

Gary Hill argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.


SCHUMAN, J.

Selmar Hutchins held the vendor's interest in property in which Michael Fargo held the vendee's interest. Fargo then sold the property to appellant Max Mills, who did not maintain the required payments. After Hutchins's death, his estate obtained a judgment of foreclosure against Fargo and 10 "John Does." Mills subsequently moved for an order vacating that judgment. The trial court dismissed his motion on the ground that he "did not have standing to assert...

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