Knoll v. Kiessling
Oregon Supreme Court
Multnomah. County. Defendants appeal. Suit by A. R. Knoll to foreclose a mortgage on lot 1, block 155, East Portland, by H. H. Kiessling and Emeline W., his wife, to Hobart, Wood & Co., and by them assigned to plaintiff.
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Multnomah. County. Defendants appeal. Suit by A. R. Knoll to foreclose a mortgage on lot 1, block 155, East Portland, by H. H. Kiessling and Emeline W., his wife, to Hobart, Wood & Co., and by them assigned to plaintiff. The complaint alleges the partnership of Hobart, Wood & Co., the marital relation of defendants, the execution and delivery of a promissory note by the husband, H. H. Kiessling, and the execution and delivery by both husband and wife of a mortgage on her property to secure this note. The mortgage was in the usual form, and contained this covenant: “And the said H. H.…
1Opinion of the CourtWaldo, C. J.
The objection to the admission of the note in evidence, now made for the first time, that the signature of the maker and of the endorsers, Hobart, Wood & Co., were not proven, not having been made when the note was offered in evidence, was waived. The evidence to impeach the mortgage on the ground of fraud in obtaining it, in this, that the mortgage did not contain important clauses of the agreement which Mrs. Kiessling supposed were included in it, is insufficient for the purpose. It is testimony which contradicts the contract. A clear case must be made out to produce that result. If the…
2Cited by3 opinions
- Exchange National Bank v. WolvertonWashington Supreme Court · 1895
- First National Bank v. LeonardOregon Supreme Court · 1900
- Campbell v. SnyderOregon Supreme Court · 1895