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CRANE v. MABRY

88CV0974; CA A62940.

802 P.2d 696 (1990)

104 Or.App. 634

Donald S. CRANE, Respondent, v. Priscilla B. MABRY, Aka Pat Mabry, through Her Guardian-Conservator Rita Gillett; and Rita Gillett, Personal Representative of the Estate of Boyd C. Mabry; Appellants, and Rita Gillett, Personally; William Magness; Annie B. Oatman; Transamerica Title Insurance Co.; Barney White; Arthur Kurtz; Robert D. Jones; Fred Johnson & Barbara Johnson, Husband and Wife; Thomas C. Cox & Barbara J. Cox, Husband and Wife; Crescent Water Association; Midstate Electric Cooperative, Inc.; Richard R. Clyde & La Nora J. Clyde, Husband and Wife; Beaver Creek Construction Co.; Wilmer W. Parke and Lucia R. Parke; Donald H. Ulry & M.P. Ulry, Defendants.

Court of Appeals of Oregon.

Decided December 12, 1990.

Attorney(s) appearing for the Case

David R. Nepom, Portland, argued the cause and filed the briefs for appellants.

Don S. Dana, Salem, argued the cause and filed the brief for respondent.

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

EDMONDS, Judge.

Defendants appeal from a judgment of foreclosure of a trust deed. They argue that plaintiff was not entitled to the remedy of foreclosure, because he wrongfully accelerated the underlying debt without giving them notice of default and a reasonable time to bring the obligation current. On de novo review, we affirm.

In December, 1981, plaintiff sold real property to defendants,

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