Legal Opinion

Chase v. McKenzie

Oregon Supreme Court

Decided September 19, 1916PublishedCited by 12 opinions

From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Statement by Mr. Chile Justice Moore. This is a suit to reinstate a mortgage and to foreclose the lien thereof.

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From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Statement by Mr. Chile Justice Moore. This is a suit to reinstate a mortgage and to foreclose the lien thereof. The facts are these: The defendant John H. McKenzie on April 10,1909, executed to H. Trenkman a mortgage upon lot 11, block 13, in Central Albina, Portland, Oregon, to secure the payment of his promissory note for $1,500, maturing in two years, with interest at 7 per cent per annum, which note stipulated for the payment of a reasonable sum as attorneys’ fees if suit were commenced to collect any part of the negotiable…

1Opinion of the Court

*433Opinion by

Mb. Chief Justice Mooee.

1, 2. It will be remembered that the judgment secured by Bryan against Fore became a lien upon whatever interest the latter had in the real property May 21, 1912; that the original suit to foreclose the mortgage was dismissed September 19, 1912, and the lien canceled two days thereafter, thus rendering Bryan’s judgment a superior hen upon Fore’s interest in the lot. It will also be kept in mind that Mrs. Fore’s quitclaim deed was executed before she secured a divorce, and that in such decree no disposition was made of any estate she then or ever had in the…

2Cases cited12 opinions

  1. Title Guarantee Co. v. WrennOregon Supreme Court · 1899
  2. Pearce v. BuellOregon Supreme Court · 1892
  3. Hayes v. HortonOregon Supreme Court · 1905
  4. Capital Lumbering Co. v. RyanOregon Supreme Court · 1898
  5. Howell v. FolsomOregon Supreme Court · 1900

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Stout v. Van ZanteOregon Supreme Court · 1923
  2. Ganoe v. OhmartOregon Supreme Court · 1927
  3. Security National Bank & Trust Co. of Norman v. Dentsply Professional PlanSupreme Court of Oklahoma · 1980
  4. Schafer v. SchaferOregon Supreme Court · 1927
  5. Holzmeyer v. Van DorenOregon Supreme Court · 1943

7 more not listed; retrieve them via the Exa API.

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