Kaston v. Storey
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Bean. This is a suit by J. E. Kaston and others against W. A. Story, sheriff, and O. F. Paxton, to enjoin the sale of real property under an execution issued on a judgment at law. The facts are these: On July 7, 1902, Jennie Y. Wade obtained a decree against Lundin and wife, foreclosing two mortgages given by them on the real property in question.
Read the full summary
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Bean. This is a suit by J. E. Kaston and others against W. A. Story, sheriff, and O. F. Paxton, to enjoin the sale of real property under an execution issued on a judgment at law. The facts are these: On July 7, 1902, Jennie Y. Wade obtained a decree against Lundin and wife, foreclosing two mortgages given by them on the real property in question. An execution was issued on the decree, and the property sold on August 20, 1902, for more than sufficient to satisfy the decree, costs and expenses. After the sale, and before the…
1Opinion of the CourtJustice Bean
1. A mortgage of real property in this State does not pass the title, but merely creates a lien : Anderson v. Baxter, 4 Or. 105; Sellwood v. Gray, 11 Or. 534 (5 Pac. 196). The legal title remains in the mortgagor or his successor in interest until a sale under a foreclosure decree has ripened into a title by the execution and delivery to the purchaser of a sheriff’s deed in due course of law : Dray v. Dray, 21 Or. 59, 66 (27 Pac. 223).
2. Therefore, at the time the judgment of Leonard and Wolff against Lundin was recovered and docketed, the *153legal title to the property was in Lundin, subject to…
2Cases cited15 opinions
- Flanders v. AumackOregon Supreme Court · 1897
- Anderson v. BaxterOregon Supreme Court · 1871
- Houston v. TimmermanOregon Supreme Court · 1889
- Sellwood v. GrayOregon Supreme Court · 1884
- Whitney v. HigginsCalifornia Supreme Court · 1858
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In Re IvoryUnited States Bankruptcy Court, D. Oregon · 1983
- Schleef v. PurdyOregon Supreme Court · 1923
- Mascall v. MurrayOregon Supreme Court · 1915
- Land Associates, Inc. v. BeckerOregon Supreme Court · 1982
- Ulrich v. Lincoln Realty Co.Oregon Supreme Court · 1946
20 more not listed; retrieve them via the Exa API.