DERRY v. BABCOCK


438 P.2d 1008 (1968)

J. Edgar DERRY, Respondent, v. John T. BABCOCK, Appellant, Joe Clum and Rosemary L. Clum, Husband and Wife, Defendants.

Supreme Court of Oregon, In Banc.

Reargued March 4, 1968.

Decided March 27, 1968.


Attorney(s) appearing for the Case

Charles W. Creighton, Jr., Salem, argued and reargued the cause for appellant. With him on the briefs was John F. Steelhammer, Salem.

J. Ray Rhoten, Salem, argued and reargued the cause for respondent. With him on the brief were Rhoten, Rhoten & Speerstra, Salem, and Murray D. Agate, Eugene.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and LUSK, JJ.


O'CONNELL, Justice.

Plaintiff brought an action of ejectment against defendants. Defendant Babcock answered, alleging that the transaction was a mortgage and prayed that the court enter a decree setting a period of time within which Babcock would have the privilege of paying the amount due plaintiff and that he be given additional time in which to redeem should plaintiff bring a foreclosure suit. The trial court entered a decree dismissing the answer and granting...

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