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COLWELL v. CHERNABAEFF

482 P.2d 157 (1971)

D.E. COLWELL, Sometimes Known As Donald E. Colwell, and Barbara D. Colwell, Sometimes Known As Barbara B. Colwell, Husband and Wife, Respondents, v. Sam W. CHERNABAEFF and Sally Chernabaeff, Husband and Wife; Theodore Jack Lubbe, Also Known As T.J. Lubbe and Ted Lubbe, and Pauline Estella Lubbe, His Wife; and Sam W. Chernabaeff, Debtor in Possession under United States District Court, Eastern District of California Chapter Xi, Bankruptcy Proceedings No. F-1236, Bky., Appellants.

Supreme Court of Oregon, In Banc.

Decided March 10, 1971.

Rehearing Denied April 13, 1971.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause and filed a brief for appellants.

J. Anthony Giacomini, Klamath Falls, argued the cause for respondents. With him on the brief was Stanley C. Jones, Jr., Klamath Falls.

DENECKE, Justice.

The defendants are attempting to appeal from a default decree of strict foreclosure of a land sale contract. The defendants contend the trial court erred in entering the order of default and the decree and in refusing to set aside the default and decree.

After a hearing defendants' demurrer to plaintiffs' complaint was overruled on May 29, 1969, the defendants were given 10 days "to further plead." Notice of such order was given to defendants...

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