DIRECTOR OF VETERANS' AFFAIRS v. BEVANS

87-01-21359-E; CA A47844.

767 P.2d 458 (1989)

94 Or.App. 758

State of Oregon, Acting by and through the DIRECTOR OF VETERANS' AFFAIRS, Respondent, v. Carl A. BEVANS, Helen Bevans and Jan Bevans, Appellants, and Baker Production Credit Association; Harper Southside District Improvement Company and William F. Schroeder, Defendants.

Court of Appeals of Oregon.

Decided January 18, 1989.


Attorney(s) appearing for the Case

Daniel C. Steelhammer, Bend, argued the cause for appellants. On the brief were Bruce J. Brothers, Jon L. Folkestad and Brothers, Drew & Tiktin, Bend.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


GRABER, Presiding Judge.

Defendants appeal an order setting aside a sheriff's sale that was held pursuant to a judgment foreclosing a mortgage on their property. They argue that the trial court had the authority to set aside the sheriff's sale only if the record contained evidence of mistake and that the trial court erred when it granted the ex parte motion to set aside the sheriff's sale. We hold that the order is not appealable and, therefore, dismiss the...

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