COTTAGE GROVE APT. INVESTORS v. BRANDENFELS

No. 16-82-02902; CA A 27860.

684 P.2d 1235 (1984)

69 Or.App. 192

COTTAGE GROVE APARTMENT INVESTORS, a California Limited Partnership, and Cottage Grove Income Investors, a California Limited Partnership, Respondents, v. J. Fred BRANDENFELS, Ella V. Rieck, George P. Savchenko, Olga C. Savchenko, Jerry J. Martin, Dorothy J. Martin, Adelle Balkema, S.R. Crosley, Hal H. Mattox, Gladys M. Mattox, Stanley T. Merrell, Connie J. Merrell, Jack Batchelor, Opal Batchelor, John L. Young, Stephen R. Miller, Helga Kovac, Cecilia Storr, Haven F. Potterf, Jean L. Potterf, B-R Development, Inc., an Oregon Corporation, Dba Realty World, Landmark Properties, Realty Enterprises, Inc., an Oregon Corporation, Dba Charles Harvey Realty, Kathie Robertson, Bill Eibner, Carole Eibner, Roma Betty Korolyi, C.I.T. Leasing Corporation, a Delaware Corporation, Wayne G. Cole, and Kara L. Cole, A.L. Jacobson, Judy Schafer, Aubrey H. Hubbell, Mary E. Hubbell, the State of Idaho, ex rel, Gladys M. Mattox, John J. Breske, June L. Breske, Shirley Whitehead, United States of America, State of Oregon, Acting by and through the Department of Revenue, Robin Teeter Moon, Miriah Teeter, Sherwood & Roberts, Inc., a Washington Corporation, Far West Federal Savings & Loan Association, a Corporation, U.S. Creditcorp, an Oregon Corporation, Stanley William Hillyer, Lillian Walker Hillyer, Thomas C. Connor, J. Dain Connor, Lane County Oregon, a Political Subdivision of the State of Oregon, Defendants, and James L. Bennett and Suzannah P. Bennett, Appellants.

Court of Appeals of Oregon.

Decided July 11, 1984.


Attorney(s) appearing for the Case

Lann D. Leslie, Eugene, argued the cause and filed the brief for appellants. With him on the brief were McGavic & Boyd, P.C., Eugene.

James P. Caher, Eugene, argued the cause and filed the brief for respondents Cottage Grove Apartment Investors and Cottage Grove Income Investors. With him on the brief was Armstrong, McCullen, Percy & Philpott, P.C., Eugene.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

Defendants Bennett appeal a judgment of foreclosure insofar as it provides that plaintiffs' attorney fees, costs and disbursements shall "survive" the sheriff's sale. We reverse.

Plaintiffs sued to foreclose a deed of trust dated July 1, 1977, from defendants Brandenfels as grantors, who had sold the property on contract to defendants Martin, who had assigned their interest to defendant James Bennett (Bennett). Plaintiffs' complaint alleged...

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