Wright v. Wimberly
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. In Banc. This is an action by A. H. Wright against L. Wimberly and Cora, his wife, to recover money. The facts are that on January 27, 1910, O. C. Jones and his wife in consideration of $4,000 executed to L. Wimberly a deed of a tract of land in Douglas County, Oregon.
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From Douglas: James W. Hamilton, Judge. In Banc. This is an action by A. H. Wright against L. Wimberly and Cora, his wife, to recover money. The facts are that on January 27, 1910, O. C. Jones and his wife in consideration of $4,000 executed to L. Wimberly a deed of a tract of land in Douglas County, Oregon. The purchaser paid $1,000 down and thereupon he and his wife executed to Jones a promissory note for $3,000, maturing on or before ten years with interest at the rate of 6 per cent, payable annually, but if default were made as to any such installments, the principal and interest were to…
1Concurrence
BENNETT, J.,
Specially Concurring. — The facts in this case have already been fully stated in the opinion of Chief Justice McBride and in the opinions of Justices Burnett and Harris.
I concur in the conclusion and in the general reasoning of former Justice Mooke, as adopted in the opinion of the Chief Justice.
It seems to me that Section 426, L. O. L., clearly intended to make the foreclosure of the purchase-money mortgage satisfy the debt, without regard to the amount for which the property was sold, and that it was intended to prohibit a judgment for any deficiency, either in the foreclosure…
2Cases cited4 opinions
- Page v. FordOregon Supreme Court · 1913
- Bailey v. BlockTexas Supreme Court · 1911
- Myer v. BealOregon Supreme Court · 1873
- Stewart v. TempletonOregon Supreme Court · 1909