Dundee Investment Co. v. Horner
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. Suit by the Dundee Mortgage & Trust Investment Company against Josiah Horner and others to foreclose a mortgage. From a decree entered after overruling a demurrer to the complaint, the defendants appeal.
1Opinion of the Court
Opinion by
Mr. Justice Bean.
This is a suit to foreclose a mortgage, and the sole question is whether payments made thereon by a grantee of the mortgagor, after he has sold and conveyed the mortgaged premises by warranty deed, will prevent the statute of limitations from running in favor of his grantees. The facts are that on November 18, 1876, the defendants Horner and wife gave to plaintiff’s assignor a mortgage on certain real property in the City of Portland to secure a loan of $1,200, payable in installments, the last of which became due on the 1st day of December, 1881. A short time…
2Cases cited9 opinions
- Harper v. . FairleyNew York Court of Appeals · 1873
- First Nat. Bank of Utica v. . BallouNew York Court of Appeals · 1872
- Shoemaker v. . BenedictNew York Court of Appeals · 1854
- Willoughby v. IrishSupreme Court of Minnesota · 1886
- Sutherlin v. RobertsOregon Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Eastman v. CraryOregon Supreme Court · 1929
- Kaiser v. IdlemanOregon Supreme Court · 1910
- Turner v. PowellMontana Supreme Court · 1929
- Provident Institution for Savings v. MerrillMassachusetts Supreme Judicial Court · 1942
9 more not listed; retrieve them via the Exa API.