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SILBERNAGEL v. GOIN

No. 48289; CA 10864.

597 P.2d 1287 (1979)

41 Or.App. 269

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

Court of Appeals of Oregon.

Decided July 30, 1979.

Attorney(s) appearing for the Case

Jack L. Orchard, Jr., Portland, argued the cause for appellant. With him on the briefs was Ball, Smith & Orchard, P.C., Portland.

Jackson L. Frost, Linn County Dist. Atty., and Edward F. Schultz, Civil Deputy Dist. Atty., Albany, waived appearance for respondent Kenneth D. Goin, Sheriff of Linn County.

Dean M. Quick, Albany, argued the cause for respondent Margaret A. Scott. With him on the brief was Weatherford, Thompson, Horton, Brickey & Powers, P.C., Albany.

Before SCHWAB, C.J., and LEE, BUTTLER and JOSEPH, JJ.

BUTTLER, Judge.

This case involves a dispute over title to real property in Linn County which plaintiff purchased at a foreclosure sale and which defendant Margaret A. Scott, a junior lien creditor, purported to redeem from plaintiff. The issue revolves around that redemption, which plaintiff contends was invalid.

Plaintiff brought this suit to set aside the redemption on the ground that Scott had not complied with ORS 23.570(2)(b)1

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