MALAN v. TIPTON

0600801CV; A136333.

222 P.3d 754 (2009)

232 Or. App. 464

Eric MALAN, as Personal Representative of the Estate of James Harold Woodard, Plaintiff-Appellant, v. Linda TIPTON, Art Mills, dba Credit Bureau of Klamath County, and Eugene V. Anderson, Defendants, and Lucille Jenner, as Personal Representative of the Estate of Linda L. Tipton, aka Linda Spears, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 16, 2009.


Attorney(s) appearing for the Case

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

Eugene V. Anderson, Medford, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, and SERCOMBE, Judges.


EDMONDS, P.J.

Plaintiff, the personal representative of the estate of James Harold Woodard, appeals from a judgment for defendant in an action for the judicial foreclosure of a note and trust deed secured by defendant's residence.1 The trial court ruled for defendant on the affirmative defense of tender pursuant to ORS 81.010. We reverse and remand.

The relevant facts of this case are undisputed. In July 2002, James Harold Woodard...

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