ESTATE OF BREWER v. IOTA DELTA CHAPTER

80-0890-NJ-2; CA A27722.

686 P.2d 393 (1984)

69 Or.App. 82

The ESTATE OF Gail S. BREWER, Sr., by First National Bank of Oregon, a National Banking Association, Personal Representative, Respondent, v. IOTA DELTA CHAPTER, Tau Kappa Epsilon Fraternity, Inc., an Oregon Non-Profit Corporation, Defendant, Tke House Fund, Inc., an Indiana Non-Profit Corporation, Defendant-Third-Party Plaintiff-Appellant, Archie W. Krebs and Hazel R. Krebs, Husband and Wife, and David W. Lenchner and Michael Crowley, Third-Party Defendants-Respondents, General Credit Service, Inc., an Oregon Corporation, Third-Party Defendant.

Court of Appeals of Oregon.

Decided July 11, 1984.

Reconsideration Denied September 28, 1984.

Review Allowed October 16, 1984.


Attorney(s) appearing for the Case

Karen C. Allan, Medford, argued the cause for appellant. With her on the brief was Foster & Purdy, Medford.

Thomas C. Howser, Ashland, argued the cause for respondents. With him on the brief was Cottle & Howser, Ashland.

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


BUTTLER, Presiding Judge.

Plaintiff brought this action to quiet title to real property consisting of a house and lot which plaintiff's decedent previously had sold on a land sale contract to defendant Iota Delta Chapter, Tau Kappa Epsilon Fraternity, Inc. (Chapter). Defendant TKE House Fund, Inc. (House Fund) counterclaimed, contending that, as the holder of an equitable mortgage on the vendee's interest in the property, it is entitled either to judicial foreclosure...

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