AUERNHEIMER v. METZEN

87-CV-0187-WE; CA A49371.

780 P.2d 796 (1989)

98 Or.App. 722

Wesley AUERNHEIMER, Appellant, v. Edward B. METZEN and Penelope Metzen, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided October 11, 1989.

Reconsideration Denied December 1, 1989.

Review Denied December 28, 1989.


Attorney(s) appearing for the Case

Thomas v. Bryant, Jr., Bend, argued the cause and filed the briefs for appellant.

John A. Berge, Bend, argued the cause for respondents. With him on the brief were Gregory P. Lynch and Gray, Fancher, Holmes & Hurley, Bend.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Plaintiff appeals a trial court judgment denying foreclosure of a trust deed. On de novo review, we reverse.

In April, 1985, plaintiff sold a vacant parcel of real property to defendants. The unpaid balance of the purchase price was represented by a promissory note secured by a trust deed on the property. The trust deed provided that defendants would pay all taxes on the property "before any part of such taxes * * * become past due or...

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