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DAVIS v. BAR T CATTLE CO.

247 Or. 437 (1967)

431 P.2d 825

DAVIS, Appellant, v. BAR T CATTLE COMPANY, INC., Defendant, FIRST NATIONAL BANK OF OREGON, Respondent.

Supreme Court of Oregon.

Reversed and remanded August 23, 1967.

Attorney(s) appearing for the Case

James V. Hurley, Bend, argued the cause for appellant. With him on the briefs were DeArmond, Goodrich, Gray, Fancher & Holmes and Bradley D. Fancher, Bend.

R.R. Bullivant, Portland, argued the cause for respondent. With him on the brief were Pendergrass, Spackman, Bullivant & Wright, Portland, McKay, Panner, Johnson & Marceau and Owen M. Panner, Bend.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, DENECKE, REDDING, and FORT, Justices.

REVERSED AND REMANDED.

DENECKE, J.

This appeal presents some novel questions in garnishment.

The plaintiff obtained a judgment against Bar T Cattle Company and on January 30, 1964, a notice of garnishment issued pursuant to a writ of execution was served on the garnishee Bank. The Bank filed a return alleging that it held personal property of Bar T as a chattel mortgagee in possession; that it had been and was liquidating such collateral at private...

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