United States Nat. Bank v. Holton
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 2. This is a suit in equity commenced hy the United States National Bank in the Circuit Court of the State of Oregon in and for Multnomah County, for the purpose of foreclosing a mortgage executed by Ada E. Nickles and BL T. J. Nickles, her husband, to secure their negotiable promissory note bearing-date December 30, 1909, payable to the order of Frank Holton, for the sum of $2,400. The defendant William Vaetz filed an…
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From Multnomah: William N. Gatens, Judge. Department 2. This is a suit in equity commenced hy the United States National Bank in the Circuit Court of the State of Oregon in and for Multnomah County, for the purpose of foreclosing a mortgage executed by Ada E. Nickles and BL T. J. Nickles, her husband, to secure their negotiable promissory note bearing-date December 30, 1909, payable to the order of Frank Holton, for the sum of $2,400. The defendant William Vaetz filed an answer and cross-complaint, in which he alleged that on the seventeenth day of June, 1911, one Frank Holton, for a valuable…
1Opinion of the CourtBrown, J.
This lawsuit is a result of the perfidy of one Holton and of the negligence of one William Yaetz, the defendant and cross-complainant. Yaetz bargained with Holton for the sale and transfer of the mortgage mentioned in our statement of the case. Holton executed an assignment purporting to transfer the mortgage, describing the same as bearing date June 17, 1911, instead of December 30, 1909, the date of the mortgage. However, the assignment refers to the book of mortgages and the page thereof where the mortgage was recorded. A blank form of assignment was used, and in filling it out the words…
2Cases cited21 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Bayless v. GlennIndiana Supreme Court · 1880
- Green v. HartNew York Supreme Court · 1806
- Reeves v. HayesIndiana Supreme Court · 1884
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
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3Cited by17 opinions
- Brandrup v. Recontrust Co., N.A.Oregon Supreme Court · 2013
- Niday v. GMAC Mortgage, LLCOregon Supreme Court · 2013
- Federal National Mortgage Ass'n v. GoodrichCourt of Appeals of Oregon · 2015
- Beyer v. Bank of AmericaDistrict Court, D. Oregon · 2011
- Deutsche Bank Trust Co. Americas v. WalmsleyCourt of Appeals of Oregon · 2016
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