First Savings Bank v. Linnhaven Orchard Co.
Oregon Supreme Court
From Linn: William Galloway,’Judge. Department 2. The plaintiff brings this suit to foreclose three certain mortgages upon the tracts of land described in the complaint executed on May 8, 1911, to secure the payment of two promissory notes aggregating $14,500. One of the mortgages was duly recorded in the records of Linn County on June 10,1911. Another was placed on record October 14, 1911, and the third was made a matter of record on October 15, 1911. The defendant being in…
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From Linn: William Galloway,’Judge. Department 2. The plaintiff brings this suit to foreclose three certain mortgages upon the tracts of land described in the complaint executed on May 8, 1911, to secure the payment of two promissory notes aggregating $14,500. One of the mortgages was duly recorded in the records of Linn County on June 10,1911. Another was placed on record October 14, 1911, and the third was made a matter of record on October 15, 1911. The defendant being in default in the payment of interest, a decree was rendered foreclosing the mortgages and declaring them to be prior to…
1Opinion of the Court
BEAN, J. —
1, 2. There is no allegation as to the time of payments on the contracts of purchase contained in the answer of these defendants except as shown above: Title Ins. & Trust Co. v. Northwestern Long-Distance Telephone Co., 88 Or. 666 (173 Pac. 251). It will therefore be seen that no dates of such payments are fixed. The payments for which the purchasing defendants claim a lien may have been made at any time between the dates of their respective contracts, and the time when they each ceased making payments, which is not definitely stated. According to the weight *358of authority, a…
2Cases cited7 opinions
- Raymond v. FlavelOregon Supreme Court · 1895
- Baker v. WoodwardOregon Supreme Court · 1884
- Rhodes v. McGarryOregon Supreme Court · 1890
- Tyler v. CateOregon Supreme Court · 1896
- Barnes v. SpencerOregon Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nelson v. HughesOregon Supreme Court · 1981
- Pedersen v. BarkhurstOregon Supreme Court · 1932
- Hewitt v. Linnhaven Orchard Co.Oregon Supreme Court · 1918
- Nelson v. HughesCourt of Appeals of Oregon · 1980
- Johnson v. BernsOregon Supreme Court · 1924