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FRAZIER v. JACKSON

No. 80-4-387; CA 19067.

641 P.2d 64 (1982)

56 Or.App. 62

S.E. FRAZIER and Mabel C. Frazier, Husband and Wife, Respondents, v. Kenneth S. JACKSON, Trustee for Peck's Auto Recycling, Inc., Appellant, State of Oregon, by and through the Department of Revenue, and the United States of America, by and through the Internal Revenue Service, Defendants.

Court of Appeals of Oregon.

Decided February 22, 1982.

Reconsideration Denied April 1, 1982.

Attorney(s) appearing for the Case

Peter H. Wells, Pendleton, argued the cause for appellant. With him on the briefs was Rustin A. Brewer, Pendleton.

Garry L. Reynolds, Hermiston, argued the cause for respondents. With him on the brief was Morrison, Reynolds & Bloom, P.C., Hermiston.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, Judge Pro Tem.

ROBERTS, J., Pro Tem.

Appellant appeals from a decree of strict foreclosure of a land-sale contract and alleges that the trial court erred in 1) ordering foreclosure and 2) ordering strict foreclosure rather than foreclosure by sale, if the order for foreclosure was proper. The case was tried to the court sitting in equity. We review de novo, ORS 19.125(3), and affirm.

Appellant is the vendee's subassignee of a land-sale contract for property in Hermiston...

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