Graber v. Boswell
Oregon Supreme Court
Prom Douglas: George P. Skipworth, Judge.. Department 1. This is a suit to foreclose a mortgage upon real estate. The complaint is in the usual form. The note and mortgage were both executed in favor of Thomas F. Graber, who subsequently died, leaving a will naming his widow, the plaintiff herein, as his sole legatee.
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Prom Douglas: George P. Skipworth, Judge.. Department 1. This is a suit to foreclose a mortgage upon real estate. The complaint is in the usual form. The note and mortgage were both executed in favor of Thomas F. Graber, who subsequently died, leaving a will naming his widow, the plaintiff herein, as his sole legatee. The answer admits the execution of the instruments upon which the suit is based, but denies that they were executed for a valuable consideration, and then pleads affirmatively that defendant is the widow 'of Benjamin D. Boswell, who died May 19,1907, and who for a long time…
1Opinion of the CourtBenson, J.
The history of this case presents an unfortunate situation. Thomas F. Graber, the payee named in the note and mortgage, was a lawyer, having his offices in Oakland, California. After the final settlement and distribution of the Boswell estate, and *73after all of the transactions involved in the present litigation, he died, and the plaintiff, being his widow, succeeded to his interests. She evidently knew very little of her husband’s business affairs prior to his death, and there is no one else who can supply the information. If the defendant ever kept any connected record of her financial…
2Cited by3 opinions
- Osborne v. GroppoOregon Supreme Court · 1952
- Zographos v. VichasOregon Supreme Court · 1935
- Graber v. BoswellOregon Supreme Court · 1919