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JOHNSON v. OVERBAY

27646; CA A37830.

737 P.2d 1251 (1987)

85 Or.App. 576

Connie W. JOHNSON, and Guy Smith, Jr., Respondents, v. Grover W. OVERBAY, Defendant, and Marilyn B. Overbay, Appellant.

Court of Appeals of Oregon.

Decided June 3, 1987.

Attorney(s) appearing for the Case

Robert Harris, Portland, argued the cause for appellant. With him on the briefs were Douglas A. Harrison and Howe & Harris, Portland.

W. Eugene Hallman, Pendleton, argued the cause for respondents. With him on the brief were Joel S. DeVore and Mautz & Hallman, Pendleton.

Before BUTTLER, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendant Marilyn Overbay appeals the court's denial of her motion of December 14, 1984, to set aside an interlocutory judgment of foreclosure of a land sale contract under which she and her husband, Grover Overbay, were vendees. ORCP 71. We reverse.

In May, 1978, plaintiff Smith sold a 160-acre parcel on contract to the Overbays. The contract described the parcel by metes and bounds. On November 17...

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