Gray v. Perry

• Decision Date: 23 April 1894
• Parties: GRAY v. PERRY et al.
• Court: Oregon Supreme Court

38 P. 1091

25 Or. 1

GRAY v. PERRY et al.

Supreme Court of Oregon

April 23, 1894

On rehearing.

For former opinion, see 34 P. 691.

PER CURIAM.

Upon consideration of the petition for rehearing in this suit, and a reexamination of the questions presented by the transcript herein, it appears that the decree of the court below and of this court should be modified as follows: (1) That plaintiff have a decree against the defendant Corbin for $212.33, and interest thereon, together with his costs and disbursements, and for the foreclosure of the lien of his mortgage. (2) That plaintiff have the right to redeem the property from the defendant Perry upon the payment of $872.20, and legal interest thereon from November 14, 1891, within 90 days from the entry of the mandate in the court below, and, if no redemption be made within that time, plaintiff's right to redeem be forever barred and foreclosed. (3) If redemption be made within the prescribed time, then the property to be sold under plaintiff's decree, and the proceeds applied as follows: (1) To the expenses of the sale and the costs and disbursements of this suit. (2) To the satisfaction of plaintiff's claim, including the amount due from the defendant Corbin, and the amount paid the defendant Perry upon redemption, and legal interest on each amount. (3) The remainder, if any, to be paid to the defendant Perry. And it is so ordered. Modified.