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WILLS v. HARRIS

No. 79-2520-E-3; CA A20511.

646 P.2d 39 (1982)

57 Or.App. 712

Harold E. WILLS and Clara A. Wills, Husband and Wife, Respondents, v. Irwin HARRIS and Carolyn K. Harris, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided June 9, 1982.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellants. With him on the briefs were James S. Rice and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

William Ferguson, Medford, argued the cause for respondents. On the brief were Penny Lee Austin and Grant, Ferguson & Carter, Medford.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

This is a suit in equity to foreclose a trust deed, that had been used as a purchase-money mortgage to secure payment for real property which plaintiffs, husband and wife, sold to defendants. Defendants counterclaimed and raised several affirmative defenses, including one labeled a "plea in abatement," challenging the standing of plaintiffs to sue.1 After denying the plea, the trial court tried the foreclosure action on...

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