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PARKHURST v. FAESSLER

130,608; CA A25733.

661 P.2d 571 (1983)

62 Or.App. 539

Bessie L. PARKHURST and Virgil Parkhurst, Appellants, v. Dominic J. FAESSLER, Defendant, Arthur F. Michael and Esther Michael, Respondents.

Court of Appeals of Oregon.

Decided April 13, 1983.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellants. With him on the briefs was Brown, Burt, Swanson, Lathen, Alexander & McCann, Salem.

Helen L. Mazur-Hart, certified law student, Salem, argued the cause for respondents. On the brief were Edward L. Clark, Jr., and Clark, Marsh, Lindauer, McClinton & Vollmar, Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

This is a case which presents to us for the first time the question of what must be included in a party's pleadings to entitle that party to an award of attorney fees under ORCP 68C(2). Plaintiffs brought this action to foreclose a mortgage given by defendant Faessler (Faessler) on property he claimed to own. Defendants Michael (defendants) were impleaded because, according to plaintiffs' complaint, they "claim an interest" in the property...

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