Johnson v. Overbay

Defendant Marilyn Overbay appeals the court’s denial of her motion of December 14, 1984, to set aside an interlocutory judgment of foreclosure of a land sale contract under which she and her husband, Grover Overbay, were vendees. ORCP 71. We reverse.

In May, 1978, plaintiff Smith sold a 160-acre parcel on contract to the Overbays. The contract described the parcel by metes and bounds. On November 17, 1979, Smith and the Overbays amended it by addendum to delete a 60-acre parcel, described by metes and bounds. At that time, Smith conveyed the 60-acre parcel to the Overbays by warranty deed,…