Franklin v. Spencer

Plaintiffs petition for reconsideration of our decision. 94 Or App 355, 765 P2d 1241 (1988). We allow the petition, withdraw our former opinion, and affirm.1

Loevitaur owned real property in Lincoln County. In 1970, he mortgaged it to the Walters. In 1981, defendants Harber obtained two judgments against Loevitaur. In August, 1982, defendants Drobnic obtained a judgment against Loevitaur. All three judgments were docketed as provided in ORS 18.320. On December 1, 1981, the Walters filed a civil action to foreclose their mortgage. The Harbers were among the original defendants in the…