Legal Opinion

Alexander v. Munroe

Oregon Supreme Court

Decided May 25, 1909PublishedCited by 8 opinions

Suit by Jessie Alexander against Edith Munroe and others, in which Zera Snow and others filed cross-bills, to enforce a partial assignment of a judgment and to foreclose mortgages. From a judgment granting relief as prayed for in the cross-bills, defendant, Edith Munroe, appeals. Statement by Mr. Justice Eakin.

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Suit by Jessie Alexander against Edith Munroe and others, in which Zera Snow and others filed cross-bills, to enforce a partial assignment of a judgment and to foreclose mortgages. From a judgment granting relief as prayed for in the cross-bills, defendant, Edith Munroe, appeals. Statement by Mr. Justice Eakin. Jackson Munroe, in a divorce suit against defendant, Edith Munroe, besides the decree of divorce, recovered a judgment for the sum of $1,487, rendered July 21, 1891. Pending that suit, Edith Munroe conveyed to her mother, Margaret Vedder, and another, in fraud of Jackson Munroe, the…

1Opinion of the CourtJustice Eakin

1. Considering first the cross-bill of Snow and Huston, the most important question is whether, by reason of the fact that no execution issued within 10 years after the rendition of the decrees in favor of Jackson Munroe, Snow and Huston are without remedy against the property of Edith Munroe. After Snow and Huston ceased to represent Jackson Munroe, which at the latest was July 6, 1896, when they brought their suit against him and others, their authority, as his attorneys, to issue execution thereon, was at an end, and, not being parties to the decree, they had power to act only in the name,…

2Cases cited9 opinions

  1. Davidson v. BurkeIllinois Supreme Court · 1892
  2. Little v. City of PortlandOregon Supreme Court · 1894
  3. Warren v. First National Bank of ColumbusIllinois Supreme Court · 1893
  4. Weeks v. Wayne Circuit JudgesMichigan Supreme Court · 1889
  5. Davis v. DavisOregon Supreme Court · 1890

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3Cited by8 opinions

  1. Mason v. MasonOregon Supreme Court · 1934
  2. State Farm Mutual Automobile Insurance Co. v. PohlOregon Supreme Court · 1970
  3. McCallums, Inc. v. Mountain Title Co.Court of Appeals of Oregon · 1982
  4. Escanaba Traction Co. v. BurnsCourt of Appeals for the Sixth Circuit · 1919
  5. North Pacific Steamship Co. v. GuariscoCourt of Appeals of Oregon · 1980

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