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SHIRLEY v. TOLBERT

9404560CV; CA A94869.

945 P.2d 567 (1997)

149 Or. App. 717

Jinny SHIRLEY, Lawana Warnke and Bobbie Wade, Respondents, v. Ray TOLBERT, Appellant. Ray TOLBERT, Appellant, v. Jinny SHIRLEY, Lawana Warnke, and Bobbie Wade, Respondents.

Court of Appeals of Oregon.

Decided September 10, 1997.

Attorney(s) appearing for the Case

David V. Gilstrap, Ashland, argued the cause for appellant. With him on the briefs was Davis, Gilstrap, Harris, Hearn & Welty, P.C.

Michael L. Spencer, Klamath Falls, argued the cause and filed the brief for respondents.

Before DEITS, C.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Defendant appeals a judgment that foreclosed a trust deed on real property based on a tax delinquency of $5.19.1 Defendant argues that foreclosure was erroneous because plaintiffs waived any entitlement to timely payment of property taxes by accepting late installment payments after discovering the tax deficiency. In all events, defendant asserts that foreclosure is inequitable on these facts. On de novo review...

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