Seaweard v. De Armond
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. This is a suit to enjoin the sale of real property, instituted by J. H. Seaweard, plaintiff and appellant, against R. EL De Armond, and EL Lee Noe, as sheriff of Malheur County, Oregon, defendants and respondents. Seaweard had acquired fee-simple title to the land from one C. E. Belding.
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From Malheur: Dalton Biggs, Judge. In Banc. This is a suit to enjoin the sale of real property, instituted by J. H. Seaweard, plaintiff and appellant, against R. EL De Armond, and EL Lee Noe, as sheriff of Malheur County, Oregon, defendants and respondents. Seaweard had acquired fee-simple title to the land from one C. E. Belding. As plaintiff in an action at law, R. H. De Armond, defendant herein, on January 31, 1918, obtained a judgment for the sum “That on or about the twentieth day of September, 1918, all of the creditors of the estate of A. A. Brown, deceased, including defendant R. H.…
1Opinion of the CourtBrown, J.
Plaintiff asserts that it was the general understanding of the creditors of the estate o£ A. A. Brown, deceased, that a pro rata payment from funds derived from the sale of the real property belonging to that estate amounting to $19,800 was to be in full satisfaction of all claims against the estate. Plaintiff further charges that R. H. De Armond, defendant herein, accepted a pro rata of the funds with the understanding that it was in full settlement of his judgment against the estate of A. A. Brown, deceased, C. E. Belding and others.
1. There was evidence given by S. F. Taylor, the…
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