Wright v. Wimberly
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Moore. This is a suit by A. H. Wright, as plaintiff, against L. Wimberly and Cora Wimberly, husband and wife, O. C. Jones, G. H. Carter, H. Doherty, Grace Burnett, W. H. Vrooman and E. Wagner to foreclose a mortgage.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Moore. This is a suit by A. H. Wright, as plaintiff, against L. Wimberly and Cora Wimberly, husband and wife, O. C. Jones, G. H. Carter, H. Doherty, Grace Burnett, W. H. Vrooman and E. Wagner to foreclose a mortgage. It is alleged in the complaint that on January 28, 1910, the defendants L. Wimberly and Cora Wimberly, his wife, executed to O. C. Jones their promissory note of $3,000, payable on or before ten years with 6 per cent interest payable annually, and, if not so paid, the whole sum to mature upon such default at…
1Opinion of the Court
Opinion by
Me. Chief Justice Moore.
1. A statute of this state, enacted in 1854, declares in effect that, when a promissory note is secured by a realty mortgage, upon a foreclosure thereof a deficiency judgment may be rendered against the mortgagors: Section 7106, L. O..L. This clause of the law was impliedly amended in part February 24, 1903, by an act which reads:
“When judgment or decree is given for the foreclosure of any mortgage, hereafter executed, to secure payment of the balance of the purchase price of real property, such judgment or decree shall provide for the sale of the real…
2Cases cited2 opinions
- Page v. FordOregon Supreme Court · 1913
- Walters v. CooperOregon Supreme Court · 1914
3Cited by6 opinions
- Wright v. WimberlyOregon Supreme Court · 1919
- Stretch v. MurphyOregon Supreme Court · 1941
- Lutz v. Blackwell Et Ux.Oregon Supreme Court · 1928
- Union Trust Co. of Spokane v. WisemanDistrict Court, D. Oregon · 1926
- Adams v. SatterbergIdaho Supreme Court · 1928
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