FRANKLIN v. SPENCER

CC 86-1253, CC 86-1288; CA A44858; SC S36409.

789 P.2d 643 (1990)

309 Or. 476

Timothy FRANKLIN and Phyllis Franklin, Husband and Wife, Respondents On Review, 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, Petitioners On Review. Ted Harber and Karen Harber, Husband and Wife, Petitioners On Review, v. Timothy Franklin and Phyllis Franklin, Husband and Wife, Respondents On Review.

Supreme Court of Oregon.

Decided March 27, 1990.

Reconsideration Denied May 3, 1990.


Attorney(s) appearing for the Case

J. Christopher Minor, of Minor, Beeson & Boone, P.C., Newport, filed the petition for petitioners on review and argued the cause for petitioner Linzy. Frederick J. Ronnau, Lincoln City, argued the cause for petitioners on review Harber.

Scott W. McGraw, Salem, argued the cause for respondents on review.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE and FADELEY, JJ.


PETERSON, Chief Justice.

After foreclosure of a mortgage, after sale of the mortgaged property at a sheriff's sale, and during the time within which redemption could be made, the plaintiffs herein purchased the mortgagor's right to redeem the foreclosed property, and thereafter redeemed. The main issue is: If a mortgagor, after foreclosure and sale, but during the time within which the mortgagor can redeem, assigns the right to redeem and the assignee redeems, are...

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