United States Mortgage Co. v. Willis
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. This is an action by the United States Mortgage & Trust Company, the purchaser of real estate at a judicial sale, against P. L. Willis, a tenant in possession under an unexpired lease, to recover rent, or the value of the use and occupation of the premises, from the day of sale.
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From Multnomah: Arthur L. Frazer, Judge. This is an action by the United States Mortgage & Trust Company, the purchaser of real estate at a judicial sale, against P. L. Willis, a tenant in possession under an unexpired lease, to recover rent, or the value of the use and occupation of the premises, from the day of sale. The facts are that in October, 1894, the Portland Savings Bank mortgaged the premises upon which the building, a part of which is occupied by the defendant, is situated, to the plaintiff, to secure the payment of $150,000, and the mortgage was duly recorded on the following…
1Opinion of the CourtChief Justice Bean
1. The principal question for determination is whether, in case land sold under a decree of foreclosure is in possession of a tenant holding under an unexpired lease made by the owner of the property subsequent to the execution of the mortgage, the * purchaser thereof is entitled to the rent, or the value ofThe use and occupation thu promiaoc from tbe d.av of sale, notwithstanding the tenant, iu accordance with the terms of-his, lease^ nas paid the rent in advance to his lessor. The defendant’s Oriel contains a discussion of the rights at common law of a mortgagor, mortgagee, and a tenant of…
2Cases cited4 opinions
- Walker v. McCuskerCalifornia Supreme Court · 1887
- McDevitt v. SullivanCalifornia Supreme Court · 1857
- Harris v. FosterCalifornia Supreme Court · 1893
- Byers v. RothschildWashington Supreme Court · 1895
3Cited by3 opinions
- Fowler v. Lane Mortgage Co.California Court of Appeal · 1922
- German Savings Society v. KernOregon Supreme Court · 1902
- Kuderer v. United StatesDistrict Court, D. Oregon · 1990