Korgan v. Walsleben

Plaintiffs appeal from a judgment entered pursuant to ORCP 67B in favor of defendant Bassett (defendant), after the court granted defendant’s motion for summary judgment. We reverse.

Plaintiffs were the vendees of a land sale contract for a house in which they lived. The Walslebens, who are not parties to this appeal, were the vendors. With the assistance of their attorney, defendant Bassett, the Walslebens obtained a strict foreclosure of the land sale contract. On the day that the final judgment of foreclosure was signed by the trial court judge, defendant also obtained a writ of assistance…