Bank of Gresham v. Johnson

The plaintiff brought this action to foreclose a real estate mortgage. The defendants E. J. Collins and wife resisted the action, claiming that they had a mortgage covering the same property which was prior. The cause was tried to the court without a jury and resulted in findings of fact, conclusions of law and judgment sustaining the prior right of the plaintiff’s mortgage and ordering a foreclosure thereof. From this judgment Collins and wife appeal.

The facts are these: The respondent was a corporation engaged in the banking business in the state of Oregon. Appellants owned a ranch in Clark…