Smith v. Nelson
Oregon Supreme Court
From Umatilla: William R. Ellis, Judge. Suit by E. L. Smith against A. Nelson and the sheriff of Umatilla County to enjoin a sale under a decree. From an order granting the desired relief defendants appeal.
1Opinion of the CourtJustice Wolverton
The note calls for $1,050, but $50 was included to cover some expenses in the negotiations. Smith signed the note as security — whether at the instance of Carrier or Nelson, there is a dispute; Smith testifying that it was at the instance of Nelson alone, and for the purpose of relieving Nelson from the.payment of taxes on the mortgage, and Nelson affirming that it was at the instance of Carrier, and that the mortgage was given to Smith solely by arrangement between him and Carrier. • But however this may be, the mortgage was delivered to Smith, not to Nelson, and so remained in his…
2Cases cited3 opinions
- Smyth v. FitzsimmonsSupreme Court of Alabama · 1892
- Crews v. RichardsOregon Supreme Court · 1887
- Hilts v. LaddOregon Supreme Court · 1899
3Cited by3 opinions
- Lachele v. Oregon Realty Exchange Investment Co.Oregon Supreme Court · 1927
- Isler v. IslerOregon Supreme Court · 1935
- Stadelman v. MinerOregon Supreme Court · 1916