Lawrey v. Sterling
Oregon Supreme Court
From Union: Robert Eakin, Judge. This is a suit by M. A. Lawrey to foreclose a mortgage. The facts are that, M. Sterling having died seised of certain real ^property in- Union County, Oregon, the county court thereof appointed J. L. Caviness administrator of his estate, who, having duly qualified, filed in said court a verified petition, in pursuance of which he secured an order authorizing him to procure a loan of $2,484, to pay a certain claim against the estate and the…
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From Union: Robert Eakin, Judge. This is a suit by M. A. Lawrey to foreclose a mortgage. The facts are that, M. Sterling having died seised of certain real ^property in- Union County, Oregon, the county court thereof appointed J. L. Caviness administrator of his estate, who, having duly qualified, filed in said court a verified petition, in pursuance of which he secured an order authorizing him to procure a loan of $2,484, to pay a certain claim against the estate and the expenses of administering thereon, and to give a mortgage on said land as security for the loan. He thereupon borrowed…
1Opinion of the CourtJustice Moore
The court having admitted in evidence, over the defendants’ objection and exception, the order of the county court of Union County licensing the administrator to secure a loan and to give a mortgage on the real property of the decedent’s estate as security therefor, the note and mortgage executed in pursuance of such authority, and the written assignment thereof to the La Grande National Bank, it is contended that the .statute under which said order was made violates the organic law of the state; that the method prescribed for invoking the power of the county court to grant such order was not…
2Cases cited25 opinions
- Brenham v. German American BankSupreme Court of the United States · 1892
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- David v. Portland Water CommitteeOregon Supreme Court · 1886
- Haynes v. MeeksCalifornia Supreme Court · 1862
20 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Land Board v. LeeOregon Supreme Court · 1917
- Nield v. NieldWest Virginia Supreme Court · 1944
- United States v. BracherCourt of Customs and Patent Appeals · 1926
- Mumper v. MatthesOregon Supreme Court · 1949
- Yeaton v. BarnhartOregon Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.