Ward v. Warren
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. This is a proceeding in the nature of a cross-bill, filed in an action which Annie G. Warren brought against Jas. H. Ward and others on a judgment she had recovered against them in the State of Minnesota.
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From Douglas: James W. Hamilton, Judge. This is a proceeding in the nature of a cross-bill, filed in an action which Annie G. Warren brought against Jas. H. Ward and others on a judgment she had recovered against them in the State of Minnesota. In her complaint she alleges that on July 19,1892, the plaintiffs (defendants in the law action) executed and delivered to her, in the State of Minnesota, two joint and several promissory notes for $500 each, one due November 1, 1893, and the other July 19, 1894; that in an action brought thereon a judgment was duly rendered and given in her favor and…
1Opinion of the CourtJustice Bean
1. Fromtheallegationsofthecross-billitappearsthatthe judgment upon which the defendant is now seeking to recover in this State was founded on two promissory.notes given by plaintiffs to her for deferred payments on an ex-ecutory contract for the sale and purchase of land, and that after the rendition of the judgment the defendant exercised the option given her by the contract of rescinding and canceling the same, and reentered into possession of the property, which she subsequently sold to another. It requires no argument to show that it would be mani*105festly unjust that she should thus rescind…
2Cases cited4 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Sayre v. MohneyOregon Supreme Court · 1896
- Sayre v. MohneyOregon Supreme Court · 1899
3Cited by11 opinions
- Security Investment Co. v. MillerOregon Supreme Court · 1950
- Sainsbury v. Wapato Fruit & Cold Storage Co.Washington Supreme Court · 1925
- Gray v. MitchellOregon Supreme Court · 1933
- Orzechowski v. KolodziejskiMichigan Supreme Court · 1937
- Stephenson v. NeppelSupreme Court of Iowa · 1921
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