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SILBERNAGEL v. GOIN

570 P.2d 1011 (1977)

31 Or.App. 545

Raymond A. SILBERNAGEL, Respondent, v. Kenneth D. GOIN, Sheriff of Linn County, Oregon, and Margaret Scott, Appellants.

Court of Appeals of Oregon.

Decided November 7, 1977.

Attorney(s) appearing for the Case

R. Michael Healey, Stayton, argued the cause for appellants. With him on the briefs were William E. Brickey and Weatherford, Thompson, Horton, Brickey & Powers, P.C., Albany, and Bell, Bell & Rounsefell, Stayton.

C.S. Emmons, Albany, argued the cause for respondent. With him on the brief was Emmons, Kyle, Kropp & Kryger, Albany.

Before SCHWAB, C.J., and JOHNSON and ROBERTS, JJ.

JOHNSON, Judge.

This is an appeal from a circuit court decree nullifying a redemption of real property and awarding possession of the property to respondent. The issue is whether the redemption adequately complied with ORS 23.570(2), which provides in pertinent part:

"(2) A party seeking to redeem shall submit to the sheriff the evidence of his right thereto as follows: "(a) Proof that the notice required by this section was given to the purchaser...

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