United States Mortgage Co. v. Marquam
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. ■ This is a suit by the United States Mortgage & Trust Co. to foreclose a mortgage given by P. A. Marquam and wife, and the defendant Title Guarantee & Trust Co. filed a cross bill asking the foreclosure of a trust deed given as security for' sundry loans. There was a decree in favor of- the plaintiff; and the cross-plaintiff, from which the defendants Marquam appeal.
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From Multnomah: John B. Cleland, Judge. ■ This is a suit by the United States Mortgage & Trust Co. to foreclose a mortgage given by P. A. Marquam and wife, and the defendant Title Guarantee & Trust Co. filed a cross bill asking the foreclosure of a trust deed given as security for' sundry loans. There was a decree in favor of- the plaintiff; and the cross-plaintiff, from which the defendants Marquam appeal. The mortgaged property having been sold, objections were filed to the confirmation of the sale, and from an order' overruling them the defendants Marquam again appeal. The facts are fully…
1Opinion of the Court · WodvertonJustice Wodverton
1. We will consider the numerous questions presented as they appear to arise upon the record. It is first urged that the Title Company was the agent of the mortgagee under the trust agreement for the collection of rents and profits and their application to the payment of taxes and interest, and that, such agent having collected sufficient of the rents to discharge the interest notes, the suit was prematurely instituted. These are matters of fact, and were disposed of under the plea in abatement, and, as the evidence has not been brought up, the findings of the trial court are conclusive.
*4002. In…
Also in this document: Opinion of the Court · Wolverton.
2Cases cited16 opinions
- State v. AndersonOregon Supreme Court · 1882
- State v. AbramsOregon Supreme Court · 1883
- Kerr v. HittIllinois Supreme Court · 1874
- Ladd & Tilton v. MasonOregon Supreme Court · 1882
- Bradtfeldt v. CookeOregon Supreme Court · 1895
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3Cited by13 opinions
- Marquam v. RossOregon Supreme Court · 1905
- Times Printing Co. v. Star Publishing Co.Washington Supreme Court · 1909
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Stuart v. DurlandNebraska Supreme Court · 1927
- Wood v. SpeakmanSupreme Court of Oklahoma · 1931
8 more not listed; retrieve them via the Exa API.