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STEVENS v. AMERICAN SAV. INST., INC.

No. 96829; CA 11582.

602 P.2d 669 (1979)

43 Or.App. 181

H.B. STEVENS; Merl G. Tucker and Verla M. Tucker, Husband and Wife, Respondents, v. AMERICAN SAVINGS INSTITUTION, Inc., a Washington Corporation; and Dr. Antonio Fernandez, Aka Antone Fernandez, Aka Dr. Anthony Fernandez, Defendants. Appeal of Publishers Paper Co., a Delaware Corporation.

Court of Appeals of Oregon.

Decided November 13, 1979.

Attorney(s) appearing for the Case

William B. Crow, Portland, argued the cause for appellant. With him on the briefs was Miller, Anderson, Nash, Yerke & Wiener, Portland.

Michael J. Clancy, Canby, argued the cause for respondents. With him on the brief were Bettis & Reif and Raymond R. Reif, Canby.

Before SCHWAB, C.J., and TANZER and ROBERTS, JJ.

TANZER, Judge.

Plaintiffs H.B. Stevens and Merl and Verla Tucker brought this suit to rescind a deed, mortgage and note between plaintiffs and defendant American Savings Institution, Inc. (American Savings), covering 85 acres of farmland and timberland in Clackamas County, Oregon, conveyed by plaintiffs to defendant, and to rescind a subsequent deed from American Savings to defendant Publishers Paper Co. (Publishers) conveying the timberland. Upon finding the conveyance...

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