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FRENCH v. BOESE

No. 36516; CA 16568.

623 P.2d 1070 (1981)

50 Or.App. 369

Orlando C. FRENCH and Katherine L. French, Husband and Wife, Appellants, v. Ralph W. BOESE and Glenneys J. Boese, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided February 9, 1981.

Reconsideration Denied April 9, 1981.

Review Denied May 5, 1981.

Attorney(s) appearing for the Case

James W. Walton, Corvallis, argued the cause for appellants. With him on the brief was Ringo, Walton, Eves & Gardner, P.C., Corvallis.

Willard L. Cushing, McMinnville, argued the cause for respondents. With him on the brief was Cushing, Johnstone & Peterson, P.C., McMinnville.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Justice.

The plaintiffs filed a three-count suit in equity seeking (1) to have the defendants' interest in real and personal property declared to be an equitable mortgage, or (2) specific performance of an alleged oral agreement to reconvey the property to the plaintiffs from the defendants, or (3) a constructive trust be imposed upon the property.1 The trial court found that the plaintiffs had failed "to sustain the burden of...

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