Middleton v. Moore
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Suit to foreclose a mortgage by J. H. Middleton against F. M. Moore and the Victor Land Company. On Juty 1, 1893, defendant Moore, being the owner in fee of lot 8, block C. Cherrydale Addition to the City of Portland, mortgaged it to one Wiley, trustee, to secure the payment of four promissory notes of $175 each. On April 19,1897, Wiley assigned the notes and mortgage to plaintiff.
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From Multnomah: Alfred F. Sears, Jr., Judge. Suit to foreclose a mortgage by J. H. Middleton against F. M. Moore and the Victor Land Company. On Juty 1, 1893, defendant Moore, being the owner in fee of lot 8, block C. Cherrydale Addition to the City of Portland, mortgaged it to one Wiley, trustee, to secure the payment of four promissory notes of $175 each. On April 19,1897, Wiley assigned the notes and mortgage to plaintiff. Moore conveyed the lot to the defendant the Victor Land Company, and this suit is for the foreclosure of the mortgage. The land company answered that, on June 6, 1902,…
1Opinion of the CourtJustice Wolverton
The issue presented for our consideration is whether, under the law in force in 1897 and 1898, a tax deed cut off the lien of a mortgage executed anterior to the assessment and levy of the tax for the nonpayment of which the mortgaged premises were sold and the deed given. The solution of this question depends entirely upon the statute then in effect, and its proper interpretation. For the purposes of assessment, lands and town lots were required to be valued at their true cash value, taking into consideration the improvements, the quality of the soil, etc., such value being taken to mean the…
2Cases cited7 opinions
- Day v. MicouSupreme Court of the United States · 1874
- Nickum v. GastonOregon Supreme Court · 1893
- McDonald v. HannahCourt of Appeals for the Ninth Circuit · 1894
- Hughes v. Linn CountyOregon Supreme Court · 1900
- McNary v. WrightmanOregon Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ferguson v. KabothOregon Supreme Court · 1903
- Stitt v. StringhamOregon Supreme Court · 1909
- Berger v. Multnomah CountyOregon Supreme Court · 1904
- Calvary Baptist Church v. SaxtonOregon Supreme Court · 1926
- Blackburn v. LewisOregon Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.