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FRANKLIN v. SPENCER

86-1253, 86-1288; CA A44858.

765 P.2d 1241 (1988)

94 Or.App. 355

Timothy FRANKLIN and Phyllis Franklin, Husband and Wife, Respondents, v. Larry D. SPENCER, Sheriff of Lincoln County, and Carl Drobnic and Irene Drobnic, Husband and Wife, Defendants, Ted Harber and Karen Harber, Husband and Wife, and Darrell Linzy, Appellants. TED HARBER and Karen Harber, Husband and Wife, Appellants, v. Timothy FRANKLIN and Phyllis Franklin, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided December 14, 1988.

Attorney(s) appearing for the Case

D. Kevin Williams, Lincoln City, argued the cause for appellants Ted Harber and Karen Harber. On the brief were Frederick J. Ronnau, Lincoln City, and J. Christopher Minor, and Minor, Beeson & Boone, Newport.

J. Christopher Minor, Newport, argued the cause for appellant Darrell Linzy. With him on the brief were Minor, Beeson & Boone, Newport, and Frederick J. Ronnau, Lincoln City.

Guy B. Rencher, II, Corvallis, argued the cause and filed the brief for respondents.

Before WARDEN, P.J., GRABER, J., and VAN HOOMISSEN, J. Pro Tem.

WARDEN, Presiding Judge.

Defendants Darrell Linzy and Ted and Karen Harber appeal from a judgment declaring their judgment liens on real property owned by plaintiffs invalid and enjoining the sheriff from selling the property on execution. The issue is whether redemption of real property by a mortgagor's grantee after a foreclosure sale revives judgment liens entered against the mortgagor before the sale to the grantee. The trial court held that the liens do not revive...

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