Campbell v. Snyder
Oregon Supreme Court
Appeal from Umatilla: James A. Fee, Judge. This is an original suit in equity by Mrs. Harriet Campbell against Edward Snyder to set aside and cancel a certain judgment, taken against her some four years ago under .the following circumstances: Charles H. Campbell, the husband of the plaintiff,' executed several' notes to Snyder, and secured them by a mortgage on certain real property, but whether this was his property or his wife’s does not appear on the record.
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Appeal from Umatilla: James A. Fee, Judge. This is an original suit in equity by Mrs. Harriet Campbell against Edward Snyder to set aside and cancel a certain judgment, taken against her some four years ago under .the following circumstances: Charles H. Campbell, the husband of the plaintiff,' executed several' notes to Snyder, and secured them by a mortgage on certain real property, but whether this was his property or his wife’s does not appear on the record. Mrs. Campbell did not sign any of the notes, but joined with her husband in signing and executing the mortgage, which contained this…
1Per curiam
There are two very important questions suggested by this appeal: First, whether under our statute a bill of review will lie for error of law apparent upon the face of the decree sought to be reviewed; and, second, whether the covenant of a married woman, in a mortgage of her property to secure a note of her husband, to pay the mortgage debt creates a personal liability against her, she not being a party to the contract whereby the indebtedness was created. From Heatherly v. Hadley, 4 Or. 7, Crews v. Richards, 14 Or. 442, and Knoll v. Kiessling, 23 Or. 8, (35 Pac. 248,) it seems that the first…
2Cases cited3 opinions
- Heatherly v. HadleyOregon Supreme Court · 1869
- Crews v. RichardsOregon Supreme Court · 1887
- Knoll v. KiesslingOregon Supreme Court · 1886
3Cited by2 opinions
- First National Bank v. LeonardOregon Supreme Court · 1900
- Stadelman v. MinerOregon Supreme Court · 1916