Liebe v. Battmann
Oregon Supreme Court
From Sherman: W. L. Bradshaw, Judge. Bill of mortgage foreclosure by George A. Liebe, as executor of R. G. Closter, deceased, against Chas. W. Battmann and Chas. A. Schütz who, it was alleged, claimed some interest in the note and mortgage. Battmann defaulted, and after a trial with Schütz there was a decree dismissing the suit, from which plaintiff appeals.
1Opinion of the CourtJustice Wolverton
This is a suit to foreclose a mortgage made to secure the payment of a promissory note calling for $1,175, executed and delivered by the defendant Battmann to one R. G. Closter. The plaintiff claims title to- the note and mortgage as the executor of the last will and testament of Closter, while the defendant Schütz asserts ownership based upon an alleged gift to him by Closter. This presents the only question in the case, and, if plaintiff is the owner, he is entitled to have the mortgage foreclosed, but, if not, the suit should be dismissed.
The facts upon which it is sought to establish the…
2Cases cited12 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- Ridden v. . ThrallNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Account of CrawfordNew York Court of Appeals · 1889
- Wadd v. . HazeltonNew York Court of Appeals · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- Allen v. HendrickOregon Supreme Court · 1922
- Atchley v. RimmerTennessee Supreme Court · 1923
- Union Trust Co. v. HawkinsOhio Supreme Court · 1928
- Fouts v. NanceSupreme Court of Oklahoma · 1916
17 more not listed; retrieve them via the Exa API.