Heatherly v. Hadley
Oregon Supreme Court
This is a suit to set aside a decree of foreclosure. After replication filed, the defendants moved for a decree upon the pleadings. The motion was granted and the plaintiff’s appeal. The complaint states that in 1863 James Heatherly was indebted to sundry persons to the aggregate of $12,110 on promissory notes, and defendants, one or both of them, were sureties on the notes.
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This is a suit to set aside a decree of foreclosure. After replication filed, the defendants moved for a decree upon the pleadings. The motion was granted and the plaintiff’s appeal. The complaint states that in 1863 James Heatherly was indebted to sundry persons to the aggregate of $12,110 on promissory notes, and defendants, one or both of them, were sureties on the notes. Plaintiffs, who were husband and wife, to secure defendants, mortgaged to them real estate of the value of $20,000 and assigned to them a certain note of $5,000. Plaintiffs and defendants, at the time of executing the…
1Opinion of the CourtUpton, J.
The various points presented in this case may be resolved into three questions:
1st. Hoes the complaint, if taken as true, entitle the plaintiffs to equitable relief ?
2d. Hoes the new matter set up in the answer, if taken as true, present a complete defense ?
*2723d. Do the denials presented in the answer or replication present issues requiring evidence in order to a proper determination of the case.
A court will, upon motion, render a judgment or decree for the defendant on the pleadings where the complaint fails to allege sufficient facts, or where the answer states facts showing a complete defense…
2Cases cited1 opinion
- Fowler v. HaitNew York Supreme Court · 1813
3Cited by10 opinions
- Epplett v. Empire Inv. Co.Oregon Supreme Court · 1921
- Springer v. JenkinsOregon Supreme Court · 1906
- State v. DaleOregon Supreme Court · 1880
- St. Louis-S. F. Ry. Co. v. StuckwishSupreme Court of Oklahoma · 1929
- Oregonian Ry. Co. v. Oregon Ry. & Nav. Co.United States Circuit Court · 1884
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