Legal Opinion

Dekum v. Multnomah County

Oregon Supreme Court

Decided January 14, 1901PublishedCited by 6 opinions

From Multnomah: John B. Cleland, Judge. Suit by Adolph A. Dekum and others against Multnomah County, under Section 504 of Hill’s Ann. Laws, to determine an adverse claim to real property.

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From Multnomah: John B. Cleland, Judge. Suit by Adolph A. Dekum and others against Multnomah County, under Section 504 of Hill’s Ann. Laws, to determine an adverse claim to real property. The transcript shows that on December 8, 1890, one Frank Dekum. being the owner in fee of lots 1 and 2, in block 48, in the City of Portland, Oregon, gave a mortgage thereon to the German Savings & Loan Society to secure the sum of $150,000, and covenanted therein to pay all taxes that might be levied on the mortgage, which instrument was duly recorded in Multnomah County. The assessor of said county, in…

1Opinion of the CourtJustice Moore

The question presented for consideration is whether a mortgage of real property given to secure the payment of a debt conveys, for the purposes of assessment and taxation, aiiy interest in the premises affected thereby that may become subject to the lien of a tax levied on a debt and security, and, *256if so>, does a satisfaction of the mortgage discharge an existing lien for such taxes ? A mortgage of real property is not to be deemed a conveyance so as to. enable the owner of the mortgage- to recover the possession of the land without a foreclosure and sale according to law: Hill’s Ann. Laws, §…

2Cases cited25 opinions

  1. Savings & Loan Society v. Multnomah CountySupreme Court of the United States · 1898
  2. James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
  3. Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
  4. Sheldon v. . EdwardsNew York Court of Appeals · 1866
  5. Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885

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3Cited by6 opinions

  1. Schleef v. PurdyOregon Supreme Court · 1923
  2. Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
  3. Kinney v. SmithOregon Supreme Court · 1911
  4. Alliance Trust Co. v. Multnomah CountyOregon Supreme Court · 1901
  5. Multnomah County v. DekumOregon Supreme Court · 1908

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