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EMRICH v. EMERY ET AL

216 Or. 88 (1958)

332 P.2d 1045

335 P.2d 604

337 P.2d 972

EMRICH v. EMERY ET AL

Supreme Court of Oregon.

Affirmed as Modified December 17, 1958.

Petition for rehearing denied January 27, 1959.

2d Petition for rehearing denied — opinion modified February 25, 1959.

Petition for rehearing denied April 15, 1959.

Attorney(s) appearing for the Case

Don Walker argued the cause for appellants. On the briefs were Crum, Walker & Buss, Portland.

A.S. Grant argued the cause for respondents. On the brief were Grant, Fuchs, Rose & Daron, Baker, and Donart & Donart, Weiser, Idaho.

Don Walker, Portland, for the petition.

Donart & Donart, Weiser, Idaho, and Grant, Fuchs, Rose and Daron, Baker, for the petition.

Before PERRY, Chief Justice, and WARNER, McALLISTER, SLOAN and O'CONNELL, Justices.

AFFIRMED AS MODIFIED.

SLOAN, J.

The defendants Emery appeal from a decree foreclosing real and chattel mortgages on two motels in Baker and from the denial of affirmative relief prayed for in a cross complaint filed by defendants. There were other defendants named in the complaint, but none of them is involved in this appeal with the exception of the defendant Emrich Furniture Company, a corporation. For convenience we will refer to defendants-appellants Emery...

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