United States v. Oscar Pollard, Howard G. Roberts and Bertha Roberts, Etc., Oscar Pollard, Cross-Claimant-Appellee v. Howard G. Roberts and Bertha Roberts, Cross-Defendants-Appellants

524 F.2d 808 UNITED STATES of America, Plaintiff, v. Oscar POLLARD, Howard G. Roberts and Bertha Roberts, etc., Defendants. Oscar POLLARD, Cross-Claimant-Appellee, v. Howard G. ROBERTS and Bertha Roberts, Cross-Defendants-Appellants. No. 74-1043. United States Court of Appeals, Ninth Circuit. July 2, 1975. Rehearing Denied Oct. 30, 1975. R. H. McSweeney, Hillsboro, Ore. (argued), for appellant. Milo W. Pope (argued), Milton-Freewater, Ore., for appellee.OPINION Before KOELSCH and ELY, Circuit Judges, and VOORHEES, * District Judge. ELY, Circuit Judge: 1 This appeal arises from a consent judgment and foreclosure decree in a mortgage foreclosure suit instituted by the United States. The United States is not a party to this appeal. 2 The District Court, pursuant to a cross-complaint filed by one Pollard, held that certain cross-defendants, Howard G. and Bertha Roberts (hereinafter "The Roberts") were personally and primarily liable for payment of the $43,523.29 deficiency on a mortgage held and foreclosed by the Small Business Administration (SBA). In the foreclosure suit, it had been held that the mortgaged property should be sold and that the cross-complainant Pollard and the…