Higgs v. McDuffie
Oregon Supreme Court
From Morrow: Gilbert W. Phelps, Judge. In Bane. Statement by Mr. Justice Burnett. This is an action by A. K. Higgs against George Mc-Duffie, sheriff of Morrow County, Oregon, substituted as defendant in place of Marion Evans, former sheriff of Morrow County, Oregon.
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From Morrow: Gilbert W. Phelps, Judge. In Bane. Statement by Mr. Justice Burnett. This is an action by A. K. Higgs against George Mc-Duffie, sheriff of Morrow County, Oregon, substituted as defendant in place of Marion Evans, former sheriff of Morrow County, Oregon. On January 21, 1905, the plaintiff purchased 1,040 acres of land in Morrow County, which will be called “Lot A,” and as part of the purchase price gave his note to the grantor for $6,000, securing the same by a mortgage on the premises. He had acquired a quarter-section of land from another source, which we will call “Lot B,” and…
1Opinion of the CourtJustice Burnett
1. It is conceded that the proper amount of money was tendered for redemption purposes within the statutory time. The only question presented is the right of Higgs to compel redemption. We quote the following sections from Lord’s Oregon Laws:
“A lien upon real or personal property, other than that of a judgment or decree, whether created by mortgage or otherwise, shall be foreclosed, and the property adjudged to be sold to satisfy the debt secured thereby by a suit. In such suit,- in addition to the decree of foreclosure and sale, if it appear that a promissory note or other personal…
2Cited by23 opinions
- Ulrich v. Lincoln Realty Co.Oregon Supreme Court · 1946
- Hoyd v. Citizens Bank of Albany Co.Court of Appeals for the Sixth Circuit · 1937
- Call v. JeremiahOregon Supreme Court · 1967
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
- Portland Mortgage Co. v. Creditors Protective Ass'nOregon Supreme Court · 1953
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