Flanders v. Aumack
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. Suit by J. Couch Flanders against Lyle N. Au-mack, as administrator of the estate of E. S. Bash, ■deceased, and the sheriff, to restrain an execution sale of certain lots. It appears that on September 24, 1894, W. Gr.
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From Multnomah: Loyal B. Stearns, Judge. Suit by J. Couch Flanders against Lyle N. Au-mack, as administrator of the estate of E. S. Bash, ■deceased, and the sheriff, to restrain an execution sale of certain lots. It appears that on September 24, 1894, W. Gr. Jenne and wife were the owners of three certain tracts of real property situate in Multnomah County, Oregon; and upon that day E. S. Rash recovered judgment against them in the circuit court for said county, which was on the same day duly docketed. ° On November 26, 1894, Rash bid in the property at execution sale for less than the amount…
1Opinion of the CourtJustice Wolvbrton
The issues presented by the record involve a question as to the effect to be given the execution sale and redemption therefrom by the successor in interest of the judgment debtors. Plaintiff contends that it extinguished absolutely and effectually the lien of the judgment upon the premises in question, while the defendants insist that the redemption had the effect to reinstate the lien, and subject the property to a second sale for the unpaid balance of the judgment after the application thereto of the amount bid at the first sale. The identical *21question has been decided in Settlemire v.…
2Cases cited37 opinions
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