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STAMATE v. PETERSON

444 P.2d 30 (1968)

Joe F. STAMATE and Nellie B. Stamate, Husband and Wife, Respondents, v. Kenneth D. PETERSON and Marjory J. Peterson, Husband and Wife; Roy Brown; and James Wheelan, Defendants, and Martin A. Peterson and Carolina Peterson, Husband and Wife, Appellants.

Supreme Court of Oregon. In Banc.

Decided July 24, 1968.

Attorney(s) appearing for the Case

John W. Smallmon, Hermiston, argued the cause for appellants. On the briefs were Brewer & Smallmon, Hermiston.

Robert T. Mautz, Pendleton, argued the cause for respondents. On the briefs were Cunha & Mautz, Pendleton.

Before PERRY, C.J., and McALLISTER, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, JJ.

Argued and Submitted at Pendleton May 7, 1968.

GOODWIN, Justice.

Grantees of certain mortgage debtors, whose land had been sold on foreclosure, appeal from the order directing the sheriff to execute a deed to the mortgagee-purchasers. Error is assigned to the trial court's refusal to honor a purported notice of intent to redeem within one year.

The mode of redeeming is set forth in ORS 23.570. The right to redeem is strictly statutory, equitable rights...

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