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ENGELSON v. MILLER

245 Or. 105 (1966)

420 P.2d 623

ENGELSON v. MILLER ET UX

Supreme Court of Oregon.

Reversed and remanded November 23, 1966.

Attorney(s) appearing for the Case

Sam Kyle, Albany, argued the cause for appellant. With him on the briefs were Willis, Kyle, Emmons & Kropp, Albany.

John E. Jaqua, Eugene, argued the cause for respondents. On the brief were Jaqua & Wheatley, Eugene.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and REDDING, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is a suit to require defendants, who were purchasers upon foreclosure of a mortgage, to account for rents, issues and profits received during the redemption period. Plaintiff appeals from a judgment in favor of defendants.

Plaintiff executed a mortgage on a parcel of real property. Upon default the mortgage was foreclosed and defendants purchased the property at the...

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