Dickson v. Back
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. This is a suit by James Dickson against Seid Back and others to enjoin an execution sale of certain real property, and to foreclose the lien of a mortgage thereon.
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From Multnomah: Henry E. McGinn, Judge. This is a suit by James Dickson against Seid Back and others to enjoin an execution sale of certain real property, and to foreclose the lien of a mortgage thereon. The facts are that on February 13, 1894, the defendant, J. L. Hartman, as receiver of the Northwest Loan & Trust Company, a corporation, commenced an action in the Circuit Court of Multnomah County against the defendant Seid Back and one William Dunbar to recover on their promissory note the sum of $2,500, and interest thereon at the rate of 9 per cent, per annum from August 19, 1892; and,…
1Opinion of the CourtChief Justice Moore
The court does not assign any special reason for its deduction that plaintiff’s lien is superior to the liens of the various defendants, etc., but we infer the conclusion was drawn from the finding of fact that “No certificate of attachment was filed by the said sheriff in the office of the recorder of conveyances or of the clerk of the county court in said county.” Section 151, Hill’s Ann. Laws of Oregon, so far as necessary to an understanding of the question, provides that “If real property be attached, the sheriff shall make a certificate containing the title of the cause, the names of…
2Cases cited15 opinions
- Charles Kohn & Co. v. HinshawOregon Supreme Court · 1889
- Drake v. SwortsOregon Supreme Court · 1893
- Gilliam v. McCormackTennessee Supreme Court · 1887
- Wood v. TorreyNew York Supreme Court · 1831
- Barber v. ReynoldsCalifornia Supreme Court · 1872
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3Cited by8 opinions
- Winter v. Union Packing Co.Oregon Supreme Court · 1908
- Mayer v. First National Bank of OregonOregon Supreme Court · 1971
- Oliver v. WrightOregon Supreme Court · 1905
- Spores v. MaudeOregon Supreme Court · 1916
- Nicolai-Neppach Co. v. SmithOregon Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.