Willis v. Miller
Oregon Supreme Court
Douglas County; Martin L. Pipes, Judge. Bill in equity by W. R. Willis against S. C. Miller, sheriff, and S. C. Flint, personally and as administrator of the estate of Humphrey & Flint, to enjoin the sale of certain real estate belonging to plaintiff. The bill was dismissed on demurrer, and plaintiff appeals. Reversed.
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Douglas County; Martin L. Pipes, Judge. Bill in equity by W. R. Willis against S. C. Miller, sheriff, and S. C. Flint, personally and as administrator of the estate of Humphrey & Flint, to enjoin the sale of certain real estate belonging to plaintiff. The bill was dismissed on demurrer, and plaintiff appeals. Reversed. The material facts are these: On the twenty-sixth day of September, 1886, one R. Phipps, being the owner of several parcels of land, among which was the land now belonging to the plaintiff, mortgaged the same to Humphrey & Flint to secure the payment of a certain sum of money;…
1Opinion of the CourtLord, C. J.
(after stating the facts). — It is clear upon these facts that the plaintiff took his conveyance to the land in controversy subject to the mortgage. He was the successor in interest of Phipps, and as such became entitled to redeem the land. There was no authority *357for requiring him to take the certificate of redemption in the name of Phipps, as the right of redemption given by the statute to the judgment debtor is also given to his successor in interest. This would seem plain. At the date of the mortgage to Humphrey & Flint, R. Phipps was the owner of the land, and for the purpose of…
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