Legal Opinion

Watt v. Reeves

Oregon Supreme Court

Decided June 18, 1918Published

Prom Marion: George G. Bingham, Judge. Department 2. This is an appeal from a decree rendered in a suit instituted by one Charles L. Watt, now deceased, on the 11th of April, 1917, in which suit the plaintiff prayed for a decree, declaring a trust in his favor on a certificate of sale, issued by the sheriff of Marion County, Oregon, in a suit foreclosing a mortgage previously owned by the plaintiff, and assigned by him to the defendant, Rose Heywood.

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Prom Marion: George G. Bingham, Judge. Department 2. This is an appeal from a decree rendered in a suit instituted by one Charles L. Watt, now deceased, on the 11th of April, 1917, in which suit the plaintiff prayed for a decree, declaring a trust in his favor on a certificate of sale, issued by the sheriff of Marion County, Oregon, in a suit foreclosing a mortgage previously owned by the plaintiff, and assigned by him to the defendant, Rose Heywood. Plaintiff bases his grounds for relief on the fraudulent conduct of the defendant, P. H. Reeves, who acted as attorney or agent for plaintiff…

1Opinion of the Court

BEAN, J. —

1. The assignment of the sheriff’s certificate of sale to Dan Reinohl was not recorded, and he was not made a party to this suit. It appears from the record that a redemption has been made from the sheriff’s sale, and the money therefor, is now in the hands of the county clerk. In order to adjudicate the rights of the plaintiff to the mortgage in question or the proceeds of the sale thereunder, as against the interest claimed by Dan Reinohl, it will be necessary to make him a party to the suit, and he should be brought in: Section 41, L. O. L.; Hough v. Porter, 51 Or. 318, 367 (95…

2Cases cited2 opinions

  1. Hough v. PorterOregon Supreme Court · 1909
  2. Hawkenson v. RostadOregon Supreme Court · 1917

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