Orton v. Orton
Oregon Supreme Court
Appeal from Marion County. This is a suit by the respondent, Iri Orton, to foreclose a chattel mortgage, executed by the defendant,M. W. Orton. The mortgage was executed and duly registered od the tweuty-first day of September, 1878,. to secure a promissory note of that daté for two thousand one hundred and fifty-two dollars and interest, payable one day after date. The property mortgaged consisted of a stock of goods.
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Appeal from Marion County. This is a suit by the respondent, Iri Orton, to foreclose a chattel mortgage, executed by the defendant,M. W. Orton. The mortgage was executed and duly registered od the tweuty-first day of September, 1878,. to secure a promissory note of that daté for two thousand one hundred and fifty-two dollars and interest, payable one day after date. The property mortgaged consisted of a stock of goods. The mortgagor was permitted to remain in possession of tbe goods and dispose of them in the usual course of his business as a retail dealer. On the ninth of October, 1878, the…
1Opinion of the Court
By the Court,
Boise, J.:
So far as the overruling of the demurrer to the complaint is concerned, as the appellants have not insisted on it as a ground of error, we will consider it as waived by them. The mortgage is admitted to be sufficient in form and properly filed so as to give it validity, unless it was fraudulent in its inception, or rendered void by the subsequent acts of the parties to it. The testimony of both the mortgagor and mortgagee shows that the mortgage was executed to secure the payment of a note for the sum of two thousand one hundred and fifty-two dollars, which note was…
2Cases cited1 opinion
- Robinson v. ElliottSupreme Court of the United States · 1875
3Cited by20 opinions
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Bremer & Co. v. Fleckenstein & MayerOregon Supreme Court · 1881
- Kenney v. HurlburtOregon Supreme Court · 1918
- Fisher v. KellyOregon Supreme Court · 1896
- Sabin v. WilkinsOregon Supreme Court · 1897
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