Stewart v. Templeton
Oregon Supreme Court
From Wheeler: Robert R. Butler, Judge. Statement by Mr. Justice King. Two suits involving the same parties and the same legal points are here presented together. In the first it appears from the complaint that the defendant, F. M. Templeton, gave two promissory notes, each for the principal sum of $480, to plaintiff, A. E. Stewart, and on the same date executed to plaintiff, D. M. Stewart, two like notes of equal amounts.
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From Wheeler: Robert R. Butler, Judge. Statement by Mr. Justice King. Two suits involving the same parties and the same legal points are here presented together. In the first it appears from the complaint that the defendant, F. M. Templeton, gave two promissory notes, each for the principal sum of $480, to plaintiff, A. E. Stewart, and on the same date executed to plaintiff, D. M. Stewart, two like notes of equal amounts. To secure payment of these obligations, defendant executed a mortgage upon 160 acres of land owned by him in Wheeler County. In the second proceeding the complaint discloses…
1Opinion of the CourtJustice King
1. In support of the points insisted upon by the demurrer, our attention is called to the conceding facts in each of the cases to the effect that it appears that the mortgages involved were given to two mortgagees, and to secure separate indebtedness represented by separate and individual promissory notes, by reason of which it is argued that the plaintiffs cannot be joined in the foreclosure proceedings. The defense thus intended to be presented, as we gather it from the record and from the argument, is that_there is not a defect, but a misjoinder, of parties plaintiff. The first ground…
2Cases cited2 opinions
- State v. MetschanOregon Supreme Court · 1896
- Smith v. DayOregon Supreme Court · 1901
3Cited by2 opinions
- Common School Dist. No. 45 v. InchSouth Dakota Supreme Court · 1930
- Wright v. WimberlyOregon Supreme Court · 1919