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HARRIS ET AL v. HARRIS ET AL

225 Or. 175 (1960)

357 P.2d 419

HARRIS ET AL v. HARRIS ET AL

Supreme Court of Oregon.

Affirmed December 7, 1960.

Attorney(s) appearing for the Case

Alex M. Byler, Pendleton, argued the cause for the appellants. With him on the briefs were Corey & Byler, Pendleton.

J.T. Monahan, Milton-Freewater, argued the cause and filed a brief for respondents.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, O'CONNELL, GOODWIN and KING, Justices.

AFFIRMED.

SLOAN, J.

In this suit plaintiffs sought to recover a debt alleged to be owing to them from one Claude Harris, deceased. Defendants are the heirs at law of Claude Harris. The suit was brought pursuant to ORS 121.230 et seq., which provides that the next of kin or heirs are "liable to a suit by a creditor of the estate to recover the distributed shares" to satisfy a debt. The alleged debt accrued in the fall of 1949. This suit was not filed...

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