Laurent v. Lanning
Oregon Supreme Court
From Linn: Henry H. Hewitt, Judge. Suit by James Laurent and others against E, J. Lanning, Virginia Lanning, and D. H. James to reform a mortgage, and to have the same foreclosed.
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From Linn: Henry H. Hewitt, Judge. Suit by James Laurent and others against E, J. Lanning, Virginia Lanning, and D. H. James to reform a mortgage, and to have the same foreclosed. The complaint alleges, among other things: “That on the first day of July, 1893, E. J. Lanning and Virginia Lanning, his wife, for the purpose of securing the several promissory notes hereinbefore alleged, made, executed, and delivered their certain indenture to plaintiffs, * * * whereby they mortgaged to them all the following described real property,” etc.; and, in substance, further alleges that the defendant D.…
1Opinion of the CourtJustice Wouverton
It is somewhat difficult to determine just what was accomplished by the order of the court below respecting the demurrer. The further and separate defense does not tend to defeat plaintiffs’ cause of *15suit, which is for the reformation and foreclosure of their mortgage. Their right to the remedy invoked exists in spite of anything that appears in such defense. It does, however, set up certain equities in James which have accrued by virtue of the recovery and docketing of the judgments whereby he acquired liens upon the same premises covered by plaintiffs’ mortgage, and its real purpose was to…
2Cases cited7 opinions
- Baker v. WoodwardOregon Supreme Court · 1884
- Meier v. KellyOregon Supreme Court · 1892
- Rhodes v. McGarryOregon Supreme Court · 1890
- Riddle v. MillerOregon Supreme Court · 1890
- Riddle v. MillerOregon Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ayre v. HixsonOregon Supreme Court · 1908
- Thompson v. HendricksOregon Supreme Court · 1926
- Coates v. SmithOregon Supreme Court · 1916
- Bailey v. HickeyOregon Supreme Court · 1921
- Wilson v. Willamette Industries, Inc.Oregon Supreme Court · 1977
6 more not listed; retrieve them via the Exa API.