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MILLER ET UX v. ENGELSON ET UX

225 Or. 300 (1960)

358 P.2d 276

MILLER ET UX v. ENGELSON ET UX

Supreme Court of Oregon.

Reversed and remanded December 29, 1960.

Attorney(s) appearing for the Case

William J. Brooks, Eugene, argued the cause for appellants. With him on the brief were Milligan & Brown, Eugene.

Edward V. O'Reilly, argued the cause for respondents. On the brief were Thwing, Jaqua & O'Reilly, Eugene.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, O'CONNELL and HOWELL, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

Plaintiffs brought a suit for the foreclosure of a real property mortgage executed by the defendants. A decree of foreclosure was entered on July 14, 1958. Plaintiffs purchased the mortgaged land at foreclosure sale and took possession. Shortly thereafter plaintiffs leased the land to David C. Malpass, who took possession and began farming operations. During the statutory period for redemption (ORS 23.560) defendants

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