Opinion
Argued March 3, 1965
Affirmed March 17, 1965 Petition for rehearing denied May 11, 1965
Appeal from Circuit Court, Tillamook County.
J.S. BOHANNON, Judge.
George P. Winslow, Tillamook, argued the cause for appellants. On the briefs were Winslow Winslow, Tillamook.
Edward M. Murphy, Roseburg, argued the cause for respondents. With him on the brief were Stults, Jayne Murphy, Roseburg.
Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.
AFFIRMED.
This is a suit in equity for the strict foreclosure of a land sale contract. Defendants David and Velma Douglas were the assignees of the purchasers.
A default decree was entered against the defendants on March 25, 1964. On June 15, 1964 the defendants moved to set aside the decree. The motion was overruled. Defendants appeal from the order overruling the motion to set aside the decree. ORS 18.160 provides as follows:
"The court may, in its discretion, and upon such terms as may be just, at any time, within one year after notice thereof, relieve a party from a judgment, decree, order or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect."
A motion to vacate a decree is addressed to the reasonable discretion of the trial judge and his ruling will not be reversed except for an abuse of discretion. Jaeger v. Jaeger, 224 Or. 281, 356 P.2d 93 (1960); Koukal v. Coy et ex, 219 Or. 414, 347 P.2d 602 (1959). The record discloses no abuse of discretion on the part of the trial judge.
The decree is affirmed.