McLeod v. Despain
Oregon Supreme Court
From Umatilla: William R. Ellis. Judge. Statement by Mr. Commissioner King. This is a suit in equity by J. S. McLeod to foreclose three mortgages executed by Nancy 'E. Despain, Florence L. Berkeley, Bernice C. Dickson, Albert M. Despain, Edith Geraldine (Despain) Berkeley, together with Louise B. Despain, Eleanor R. Despain and Constance A. Despain, minors, by their guardian, Nancy E. Despain, who with Norborne Berkeley, H. Dickson and Chas.
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From Umatilla: William R. Ellis. Judge. Statement by Mr. Commissioner King. This is a suit in equity by J. S. McLeod to foreclose three mortgages executed by Nancy 'E. Despain, Florence L. Berkeley, Bernice C. Dickson, Albert M. Despain, Edith Geraldine (Despain) Berkeley, together with Louise B. Despain, Eleanor R. Despain and Constance A. Despain, minors, by their guardian, Nancy E. Despain, who with Norborne Berkeley, H. Dickson and Chas. C. Berkeley, constitute the appellants herein. These mortgages were given to J. N. Teal to secure a note for $28,000, dated March 28, 1898, payable live…
1Opinion of the Court
*539Opinion by
Mr. Commissioner Iving.
The facts leading up to this suit, as we gather them from the record, are substantially as follows: In March, 1898, appellants borrowed $28,000 from J. N. Teal, of Portland, Oregon, executing their promissory note therefor, payable to his order live years after its date at the Pendleton Savings Bank, Pendleton, Oregon, with interest at the rate of 8 per cent per annum. To secure the payment of this note, three mortgages were also executed and duly recorded, covering certain lands in Umatilla County, Oregon. In June of the same year, appellants, desiring to…
2Cases cited22 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Duncan v. JaudonSupreme Court of the United States · 1873
- Railroad Co. v. DurantSupreme Court of the United States · 1877
- Mercantile National Bank of Cleveland v. ParsonsSupreme Court of Minnesota · 1893
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3Cited by36 opinions
- Moulton v. HuckleberryOregon Supreme Court · 1935
- Columbia County v. Consolidated Contract Co.Oregon Supreme Court · 1917
- Dillard v. Olalla Mining Co.Oregon Supreme Court · 1908
- Laam v. GreenOregon Supreme Court · 1922
- Whitney v. BissellOregon Supreme Court · 1915
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