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OSBORNE v. GROPPO

194 Or. 692 (1952)

244 P.2d 609

OSBORNE, ADMINISTRATOR v. GROPPO ET UX.

Supreme Court of Oregon.

Affirmed May 14, 1952.

Attorney(s) appearing for the Case

Carlton R. Reiter argued the cause for appellant. On the briefs were Stern & Reiter, of Portland.

Dean F. Bryson, of Portland, argued the cause and filed a brief for defendants.

Before HAY, Acting Chief Justice, and LUSK, LATOURETTE, TOOZE and WARNER, Justices.

AFFIRMED.

LATOURETTE, J.

Plaintiff, as administrator of the estate of Elsie Erma Osborne Costello, deceased, instituted suit against Beppe Groppo and Alice B. Groppo, his wife, to have a certain deed, executed by decedent and her husband to defendants, declared a mortgage. After issue joined and trial had, the lower court entered a decree declaring the alleged deed a mortgage and found that there was due and owing defendants on said mortgage the sum of $5...

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