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FRANKLIN v. SPENCER

86-1253, 86-1288; CA A44858.

776 P.2d 13 (1989)

97 Or.App. 202

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 June 14, 1989.

Reconsideration Denied August 25, 1989.

Attorney(s) appearing for the Case

Guy B. Rencher II, P.C., Corvallis, for the petition.

J. Christopher Minor, Newport, for appellant Linzy, contra.

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

On Respondents' Petition for Review February 15, 1989.

GRABER, Presiding Judge.

Plaintiffs petition for reconsideration of our decision. 94 Or.App. 355, 765 P.2d 1241 (1988). We allow the petition, withdraw our former opinion, and affirm.1

Loevitaur owned real property in Lincoln County. In 1970, he mortgaged it to the Walters. In 1981, defendants Harber...

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