Pierrard v. Hoch
Oregon Supreme Court
From Multnomah.: George "W. Stapleton, Judge. In Banc. This is a suit for the foreclosure of a mortgage. For the purposes of this appeal, the parties have stipulated the facts, which, briefly stated, are as follows: In 1909 the plaintiff sold the property which is the subject of the suit, to the defendant Hoch for the sum of $40,500, of which $10,500 was paid in cash, and for the remaining $30,000, there were executed the note and mortgage sued upon.
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From Multnomah.: George "W. Stapleton, Judge. In Banc. This is a suit for the foreclosure of a mortgage. For the purposes of this appeal, the parties have stipulated the facts, which, briefly stated, are as follows: In 1909 the plaintiff sold the property which is the subject of the suit, to the defendant Hoch for the sum of $40,500, of which $10,500 was paid in cash, and for the remaining $30,000, there were executed the note and mortgage sued upon. On April 11, 1918, Hoch sold the property to the defendant Guyer, who has since been the owner of the legal title thereto. On July 6, 1917,…
1Opinion of the CourtBenson, J.
Defendant Hoch bases his dissatisfaction with the conduct of the trial court, upon its action in proceeding with the suit in disregard of the provisions of Chapter 275, General Laws of Oregon for 1917. This act reads as follows:
*75“No suit or action shall be commenced or maintained, during the period hereinafter provided for, to foreclose any mortgage upon real property, or to collect the debt secured thereby, if the land covered by the mortgage be owned, wholly or in part, by an enlisted man in the Army or Navy of the United States, who shall have enlisted therein in the volunteer forces or who…
2Cases cited4 opinions
- McCormick v. RuschSupreme Court of Iowa · 1863
- Edmonson v. FergusonSupreme Court of Missouri · 1848
- Bruns v. CrawfordSupreme Court of Missouri · 1864
- Lindsey v. Burbridge & EarlySupreme Court of Missouri · 1848
3Cited by12 opinions
- Stretch v. MurphyOregon Supreme Court · 1941
- State Ex Rel. Bowles v. OlsonOregon Supreme Court · 1944
- Barton v. United StatesDistrict Court, S.D. California · 1948
- Santerre v. SylvesterSupreme Court of Vermont · 1937
- State v. FrachOregon Supreme Court · 1939
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