Roberts v. Sutherlin
Oregon Supreme Court
Appeal from Douglas County. This is an action of ejectment to recover the possession of premises to which plaintiff claims title in fee. The answer denies that plaintiff is entitled to the possession of the premises described, or that she is the owner in fee or otherwise, except as is further stated.
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Appeal from Douglas County. This is an action of ejectment to recover the possession of premises to which plaintiff claims title in fee. The answer denies that plaintiff is entitled to the possession of the premises described, or that she is the owner in fee or otherwise, except as is further stated. The answer further alleges that defendant is the owner in fee of the premises, .“subject to a right of redemption by said plaintiff, by virtue of a defeasance clause in a certain deed or mortgage executed by plaintiff and one Jesse Roberts, jointly, to one J. F. Sutherlin, on the 4th day of…
1Opinion of the Court
*222By the Court,
Bonham, J.:
The principal question presented in this case is, what is the legal effect of an entry made upon mortgaged premises by the mortgagee with the assent of the mortgagor? Is the possession thus acquired by the mortgagee lawful, and a good defense against an action of ejectment brought by the mortgagor? These questions, so far as we are advised, are new in this State.
The case of Anderson v. Baxter,* reported in Session Laws of 1870, page 265, is cited by respondent’s counsel in support of their position on these questions; but on a careful examination of that case, as well…
2Cited by18 opinions
- Cooke v. CooperOregon Supreme Court · 1889
- Moncrieff v. HareSupreme Court of Colorado · 1906
- Barringer v. LoderOregon Supreme Court · 1905
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
- United States Nat. Bank v. HoltonOregon Supreme Court · 1921
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