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MOWREY v. JARVY

228 Or. 96 (1961)

363 P.2d 733

MOWREY v. JARVY

Supreme Court of Oregon.

Affirmed as modified July 12, 1961.

Petition for rehearing denied September 5, 1961.

Attorney(s) appearing for the Case

G.A. Heikkila, Portland, argued the caused and filed a brief for appellants.

George G. Van Natta, St. Helens, argued the cause for respondent. With him on the brief was John L. Foote, St. Helens.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED AS MODIFIED.

GOODWIN, J.

The defendant appeals from a decree impressing a trust upon $6,876.38 in his hands and awarding the fund to the plaintiff.

Before considering the merits of the controversy, it is necessary to consider certain procedural difficulties the parties have created by their pleadings. The plaintiff is the personal representative and heir of one Guy Lillich, deceased. Both Guy Lillich and the defendant Jarvy were surviving...

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