Chase v. McKenzie
Oregon Supreme Court
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
- Title Guarantee Co. v. WrennOregon Supreme Court · 1899
- Pearce v. BuellOregon Supreme Court · 1892
- Hayes v. HortonOregon Supreme Court · 1905
- Capital Lumbering Co. v. RyanOregon Supreme Court · 1898
- Howell v. FolsomOregon Supreme Court · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stout v. Van ZanteOregon Supreme Court · 1923
- Ganoe v. OhmartOregon Supreme Court · 1927
- Security National Bank & Trust Co. of Norman v. Dentsply Professional PlanSupreme Court of Oklahoma · 1980
- Schafer v. SchaferOregon Supreme Court · 1927
- Holzmeyer v. Van DorenOregon Supreme Court · 1943
7 more not listed; retrieve them via the Exa API.