Smith v. Willis
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. A foreclosure suit by Douglas Smith, Albert Gr. Lester and William Butterworth, trustees, against S. M. Willis and L. Gr. Willis. Plaintiffs being dissatisfied with the decree rendered in the lower court, prosecutes this appeal. Affirmed as modified. Department 1. Statement by Me. Chief Justice McBeide.
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From Malheur: Dalton Biggs, Judge. A foreclosure suit by Douglas Smith, Albert Gr. Lester and William Butterworth, trustees, against S. M. Willis and L. Gr. Willis. Plaintiffs being dissatisfied with the decree rendered in the lower court, prosecutes this appeal. Affirmed as modified. Department 1. Statement by Me. Chief Justice McBeide. This is a suit to foreclose two mortgages upon separate parcels of land, hereinafter called for convenience tracts No. 1 and No. 2. The defendant answered setting up separate defenses as to each cause of suit, and a demurrer having been sustained to the…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. It is first objected that the demand of defendants here being unliquidated and not arising out of the same transaction as that which occasioned the execution of the mortgage cannot be set off against plaintiff’s claim; and to that effect the able counsel for plaintiffs cite Section 74, L. O. L., as amended by Laws *277of 1913, p. 312; Burrage v. Bonanza Gold & Quicksilver Mining Co., 12 Or. 169 (6 Pac. 766); Le Clare v. Thebault, 41 Or. 601 (69 Pac. 552). The relation of these cases to the one at bar will be considered later. It may be said that the defense…
2Cases cited14 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Porter v. RosemanIndiana Supreme Court · 1905
- Quick v. LemonIllinois Supreme Court · 1882
- Forbes & Bro. v. Cooper & Co.Court of Appeals of Kentucky · 1889
- Ruhnke v. AubertOregon Supreme Court · 1911
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- Jordan Valley Irrigation District v. Title & Trust Co.Oregon Supreme Court · 1936
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