DeLashmutt v. Sellwood
Oregon Supreme Court
Appeal from Multnomah County. On the 1st day of February, 1875, C. M. Carter borrowed $3,000 from John Sellwood, the appellant, and gave his promissory note therefor.
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Appeal from Multnomah County. On the 1st day of February, 1875, C. M. Carter borrowed $3,000 from John Sellwood, the appellant, and gave his promissory note therefor. At the same time, to secure the payment of said note, Carter and his wife joined in executing a mortgage to Sellwood on blocks 35, 47 and 58, in Carter’s addition to the city of Portland, Oregon, which mortgage was duly recorded in Multnomah county, in which said premises are situated, on the 5th day of the same month. On the 14th day of February, 1876, Geo. P. Gray recovered a judgment against said Carter and one W. P. Poland…
1Opinion of the Court
By the Court,
Watson, C. J.
The question first presented for us to determine is whether the demurrer to the further separate defense in the answer was properly sustained. . Appellant claims that the facts stated in this defense show that he was a mortgagee in possession, with the mortgagor’s consent, after default in payment of the debt secured by the mortgage, and within the rule laid down by this court, in Roberts v. Sutherlin, 4 Or., 219. There is no analogy, however, between the essential facts in the two cases. In the case cited, where an action similar to the present had been brought by…
2Cases cited8 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Holmes v. BybeeIndiana Supreme Court · 1870
- Post v. ArnotNew York Supreme Court · 1845
- Roberts v. SutherlinOregon Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Williams v. WilsonOregon Supreme Court · 1902
- Reid v. Southern Development Co.Supreme Court of Florida · 1906
- Wilson v. TarterOregon Supreme Court · 1892
- Froelich v. SwaffordSouth Dakota Supreme Court · 1914
- Black v. Manhattan Trust Co.District Court, D. Oregon · 1914
5 more not listed; retrieve them via the Exa API.