Couper v. Shirley
Court of Appeals for the Ninth Circuit
Appeal front the Circuit Court of the United States for the District of Oregon. On the 26th day of March, 189't, William Thompson, Jr., brought suit in the circuit court of Oregon to foreclose a mortgage on certain farming lands, given by James Q. Shirley and his wife to secure the payment of two promissory notes, each for the sum of $10,000. Several subsequent lien claimants were made parties defendant.
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Appeal front the Circuit Court of the United States for the District of Oregon. On the 26th day of March, 189't, William Thompson, Jr., brought suit in the circuit court of Oregon to foreclose a mortgage on certain farming lands, given by James Q. Shirley and his wife to secure the payment of two promissory notes, each for the sum of $10,000. Several subsequent lien claimants were made parties defendant. In this mortgage it was expressly stipulated ■‘that, in case a bill to foreclose said mortgage shall be filed, the court may, on motion of the mortgagees, or their assigns, appoint a receiver…
1Opinion of the CourtHawley, District Judge
It must be borne in mind that the appointment of Couper as a receiver was not made by virtue of any of the established general principles of equity, which, when alleged to exist, would authorize a court of equity to appoint a receiver, but was made solely in pursuance of the stipulation contained in the mortgage. The sole question for our consideration is whether such a stipulation, of itself, authorized the court to make the appointment, under the laws of-Oregon. The statute of the state of Oregon provides that:
“A mortgage of real property shall not be deemed a conveyance so as to enable the…
2Cases cited2 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Hazeltine v. GrangerMichigan Supreme Court · 1880
3Cited by22 opinions
- Atlantic Trust Co. v. DanaCourt of Appeals for the Eighth Circuit · 1903
- Bowersock Mills & Power Co. v. JoyceCourt of Appeals for the Eighth Circuit · 1939
- Norfor v. BusbyWashington Supreme Court · 1898
- Moncrieff v. HareSupreme Court of Colorado · 1906
- In re LacovCourt of Appeals for the Second Circuit · 1905
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