Robertson v. Martin
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. ' Department 2. This is an appeal by defendants Annie Mande Martin and E. F. Martin from a decree foreclosing a mortgage given by them to Marilla S. Smith on January 21, 1914. The complaint is in the usual form.
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From Lane: George F. Skipworth, Judge. ' Department 2. This is an appeal by defendants Annie Mande Martin and E. F. Martin from a decree foreclosing a mortgage given by them to Marilla S. Smith on January 21, 1914. The complaint is in the usual form. It is alleged that on or about the twenty-third day of March, 1915, the said Marilla S. Smith, for a valuable consideration, indorsed and delivered said promissory note to the plaintiff, and at the time assigned the mortgage to plaintiff. The answer admits the execution of the note, the giving of the mortgage, the recording of the same, and that…
1Opinion of the CourtBean, J.
Upon the trial, it was shown that the appellants and the Smiths at the time of the execution of the note and mortgage were residents of San Diego, California; that the Martins owned the residence property and household furniture which they advertised for sale. The advertisement was answered by a letter from E. C. Smith, the agent of Marilla S. Smith, wherein it was stated:
“I have a very choice little farm of 25 acres of river bottom land on the Willamette Biver. * * 20 acres are in a high state of cultivation, producing immense crops * * the other five is timber'which is valuable.”
Pursuant to…
2Cases cited4 opinions
- Whitaker v. McBrideSupreme Court of the United States · 1905
- Kneeland v. KorterWashington Supreme Court · 1905
- Ogilvie v. StacklandOregon Supreme Court · 1919
- Blair v. BrownWashington Supreme Court · 1897