Wilson v. Tarter
Oregon Supreme Court
Union county: Jas. A. Fee, Judge. Defendant appeals. The object of this suit is to redeem certain mortgaged property. The facts upon which the plaintiff’s rights depend may be briefly summarized: On the seventh day of January, 1885, one M. B. Baird and E. D. Baird, his wife, were the owners in fee of several lots, blocks, and parcels of land situated in the town of Union, Lewis’ addition to the town of North Union, McCully's addition to the town of North Union, and also in…
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Union county: Jas. A. Fee, Judge. Defendant appeals. The object of this suit is to redeem certain mortgaged property. The facts upon which the plaintiff’s rights depend may be briefly summarized: On the seventh day of January, 1885, one M. B. Baird and E. D. Baird, his wife, were the owners in fee of several lots, blocks, and parcels of land situated in the town of Union, Lewis’ addition to the town of North Union, McCully's addition to the town of North Union, and also in the town of West Union, all in Union county, Oregon, and on that day mortgaged the same to Nicholas Tarter and W. H.…
1Opinion of the CourtStrahan, C. J.
It must be taken as the settled law of this court that if the mortgagor, the owner of the mortgaged premises, or a subsequent lien-holder, is not made a party to a foreclosure suit, his interest is ui ¡affected by the suit, and the decree of foreclosure does not pind his rights. (Besser v. Hawthorne, 3 Or. 512; DeLashmurt v. Sellwood, 10 Or. 319; Wiltsie Forecl. 126.) This principle is elemen-. tary, and was not controverted on the argi iment by appellant’s counsel. The real contention g, 'ows out of its application. The respondent’s contention is, that inasmuch as the several lots and…
2Cases cited7 opinions
- Noyes v. HallSupreme Court of the United States · 1878
- Renard v. BrownNebraska Supreme Court · 1878
- Green v. DixonWisconsin Supreme Court · 1859
- Pardee v. Van AnkenNew York Supreme Court · 1848
- DeLashmutt v. SellwoodOregon Supreme Court · 1882
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3Cited by8 opinions
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- Coughanour v. HutchinsonOregon Supreme Court · 1902
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