Equitable Life Assurance Society of United States v. Boothe

On May 17, 1938, the plaintiff obtainéd a decree in the Circuit Court for Multnomah County foreclosing a mortgage on real property owned by the defendants, Selina J. Boothe and J. F. Boothe. Execution thereafter issued, and the plaintiff purchased the property at sheriff’s sale on June 20,1938, but did not go into possession. On July 6, 1938, the defendants Boothe appealed to this court from the decree of foreclosure, and, with C. E. Powell, defendant herein, as surety, on July 22,1938, filed an undertaking on appeal, in which, after reciting that the defendants Boothe desired to retain…