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SPIESS v. WHITE

(98-04833-CV; CA A107333)

17 P.3d 568 (2001)

172 Or. App. 36

Eric H. SPIESS and Meladie Dodds, dba M & E Enterprises of Galt, Respondents, v. James L. WHITE and Bobbie J. White, Defendants, and Donald J. Hoperich and Suzanne Hoperich, who acquired title as Susanne Hoperich, as tenants in common, Appellants.

Court of Appeals of Oregon.

Decided January 17, 2001.

Attorney(s) appearing for the Case

James R. Dole, Grants Pass, argued the cause, for appellants. With him on the brief was Schultz, Salisbury, Cauble & Dole.

Andrew C. Brandsness, Klamath Falls, argued the cause, for respondents. With him on the brief was Brandsness, Brandsness & Rudd, P.C.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

Defendants appeal from a judgment foreclosing, for nonpayment of real property taxes, a trust deed under which they are the grantors and plaintiffs are the beneficiaries. Defendants contend that the trial court erred in determining that, before commencing the foreclosure action, plaintiffs reinstated defendants' obligation to timely pay real property taxes owing against the encumbered property and to timely provide plaintiffs with proof of payment. On ...

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