State v. Hurlburt
Oregon Supreme Court
Original proceedings in mandamus in Supreme Court. In Banc. This is an original proceeding by mandamus, to compel the defendant, who is sheriff of Multnomah County, to execute in favor of plaintiff a sheriff’s deed to certain property sold by him to plaintiff’s predecessor in interest.
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Original proceedings in mandamus in Supreme Court. In Banc. This is an original proceeding by mandamus, to compel the defendant, who is sheriff of Multnomah County, to execute in favor of plaintiff a sheriff’s deed to certain property sold by him to plaintiff’s predecessor in interest. The facts are as follows: On May 15, 1916, Melvin A. Smith executed a mortgage in favor of Augusta Rosin, covering a tract of land in Blaeldstone Addition to Portland, to secure the payment of $2,000, due in three years, with interest at eight per cent, payable quarterly, which mortgage was recorded May 18,…
1Opinion of the CourtMcBRIDE, C. J.
It requires no argument to demonstrate the proposition that by virtue of the conveyances from Eva Duggan to Van Allen, and from Van Allen to plaintiff, it succeeded to all the rights of Mrs. Rosin, the mortgágee and purchaser at the foreclosure sale, and that if the statute of 1917, extending the time *38for redemption, would be void as to her it would also be void as to plaintiff.
1. It is settled by the case of Barnitz v. Beverly, 163 U. S. 118 (41 L. Ed. 93, 16 Sup. Ct. 1042), that, to use the language of the syllabus,—
“A state statute, which authorizes the redemption of property sold upon…
2Cases cited2 opinions
- Barnitz v. BeverlySupreme Court of the United States · 1896
- Hooker v. BurrSupreme Court of the United States · 1904
3Cited by5 opinions
- State ex rel. Director of Veterans' Affairs v. PetersenCourt of Appeals of Oregon · 1988
- DIRECTOR OF VETERANS'AFFAIRS v. PetersenCourt of Appeals of Oregon · 1989
- Des Moines Joint Stock Land Bank v. NordholmSupreme Court of Iowa · 1934
- Des Moines Joint Stock Land Bank v. NordholmSupreme Court of Iowa · 1934
- State v. PetersenOregon Supreme Court · 1989