Coates v. Smith
Oregon Supreme Court
From Multnomah: Calvin U. Cantenbein, Judge. In Banc. Statement by Mr. Justice Bean. . This is a suit in equity to reform and foreclose a mortgage for $1,621, and interest, executed on January 2, 1913, by tbe defendants Chester A. Smith and Otis S. Smith. A demurrer was filed and sustained to the complaint. An amended complaint and a supplemental complaint were thereafter filed. Defendant R. L. Sabin, trustee in bankruptcy, demurred to the amended complaint.
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From Multnomah: Calvin U. Cantenbein, Judge. In Banc. Statement by Mr. Justice Bean. . This is a suit in equity to reform and foreclose a mortgage for $1,621, and interest, executed on January 2, 1913, by tbe defendants Chester A. Smith and Otis S. Smith. A demurrer was filed and sustained to the complaint. An amended complaint and a supplemental complaint were thereafter filed. Defendant R. L. Sabin, trustee in bankruptcy, demurred to the amended complaint. It is shown by the pleadings of plaintiff that on January 2,1913, the defendants Chester A. Smith and Otis S. Smith executed to…
1Opinion of the CourtJustice Bean
delivered the opimon of the court.
It is contended by defendant B. L. Sabin that he is an innocent third party, that the acknowledgment of the mortgage did not entitle the same to be recorded, and that therefore the recordation imparted no notice to the trustee, and that the latter took the title to the property unaffected by the plaintiff’s mortgage.
1-4. In the consideration of the certificate of the acknowledgment of the mortgage the whole instrument should be examined. "Where the certificate of acknowl*562edgment of a conveyance identifies the parties as known to the officer taking the…
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