Stewart v. Mann
Oregon Supreme Court
From Washington: George R. Baglet, Judge. Suit by Walter P. Stewart against S. M. Mann, Minerva F. Mann and the Pacific Trust Association, Limited, a corporation. From a conditional decree favoring defendants Mann, plaintiff appealed. Reversed and decree entered as prayed for in complaint, except as to interest only from date of decree. Department 2. Statement by Mr. Justice Burnett.
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From Washington: George R. Baglet, Judge. Suit by Walter P. Stewart against S. M. Mann, Minerva F. Mann and the Pacific Trust Association, Limited, a corporation. From a conditional decree favoring defendants Mann, plaintiff appealed. Reversed and decree entered as prayed for in complaint, except as to interest only from date of decree. Department 2. Statement by Mr. Justice Burnett. This is a suit to foreclose a vendee’s lien upon realty described as Tract 54 and the east 110 feet of Tract 53, of the Chehalem Mountain Orchards. It appears from the record that in May, 1910, the defendant Mann…
1Opinion of the CourtJustice Burnett
1-3. The bankruptcy of the company did not impair the obligations of the contract with the plaintiff, nor lessen his privileges under the same. It did not foreclose his interest in the land. He was not compelled thereby to take title on less favorable terms than those for which he stipulated. In buying at the sale and taking the conveyance from the trustee with the condition inserted therein, as above quoted, Mann placed himself precisely in the situation of the company at the outset of the transaction between it and the plaintiff. The defendant contends that Reimers did not assign to the…
2Cases cited18 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Miller v. ThompsonMichigan Supreme Court · 1876
- Tyler v. CateOregon Supreme Court · 1896
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3Cited by9 opinions
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- Semler v. Cook-Waite Laboratories, Inc.Oregon Supreme Court · 1954
- Hill v. DoerflerOregon Supreme Court · 1935
- Commissioner v. SwiftCourt of Appeals for the Ninth Circuit · 1932
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