German Loan Society v. Kern
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is a suit by the German Savings & Loan Society to foreclose a mortgage given by the defendants J. W. Kern and wife to secure the payment of $50,000. The description of the premises, as given in the mortgage and complaint, contains the following provision: “Excepting from all the above-described land two (2) acres owned by School District No. 2, Multnomah County, Oregon; also, excepting land now occupied by Waverly & Woodstock…
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From Multnomah: John B. Cleland, Judge. This is a suit by the German Savings & Loan Society to foreclose a mortgage given by the defendants J. W. Kern and wife to secure the payment of $50,000. The description of the premises, as given in the mortgage and complaint, contains the following provision: “Excepting from all the above-described land two (2) acres owned by School District No. 2, Multnomah County, Oregon; also, excepting land now occupied by Waverly & Woodstock Railroad Company, about one-half acre; also, excepting a tract containing ten (10) acres situate near the center of said…
1Opinion of the CourtChief Justice Bean
Although the two appeals in this case were argued and submitted separately, they, will be considered as one, for the purposes of the opinion of the court.
1. The motion to make the complaint more definite and certain was properly overruled. The description of the premises in the complaint follows the mortgage, and, if the portion attempted to be excepted is not sufficiently described, the mortgage, in any event, covers whatever interest the mortgagors may have in the entire tract. Cases are cited to the effect that a complaint for the foreclosure of a mortgage must so describe the premises…
2Cases cited17 opinions
- Halstead v. Board of Comm'rsIndiana Supreme Court · 1877
- Englund v. LewisCalifornia Supreme Court · 1864
- Struble v. NeighbertIndiana Supreme Court · 1872
- State v. ChadwickOregon Supreme Court · 1882
- Tryon v. SuttonCalifornia Supreme Court · 1859
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dean v. First National BankOregon Supreme Court · 1959
- Travelers Insurance Company v. LawrenceCourt of Appeals for the Ninth Circuit · 1974
- Columbia Auto Works, Inc. v. YatesOregon Supreme Court · 1945
- United States Mortgage Co. v. MarquamOregon Supreme Court · 1902
- Merrill Lynch Commercial Finance Corp. v. HemstreetCourt of Appeals of Oregon · 2014
4 more not listed; retrieve them via the Exa API.