Churchill v. Meade
Oregon Supreme Court
From Tillamook: George E. Bagdey, Judge. Department 1. By suit in the Circuit Court of Tillamook County the plaintiff Churchill as the assignee of his coplaintiff foreclosed a mortgage against the defendants herein, upon real property and chattels in that county and upon realty in Multnomah County. Execution was issued on the decree and the Tillamook land was sold as the complaint here alleges,' for $15,000, its full value.
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From Tillamook: George E. Bagdey, Judge. Department 1. By suit in the Circuit Court of Tillamook County the plaintiff Churchill as the assignee of his coplaintiff foreclosed a mortgage against the defendants herein, upon real property and chattels in that county and upon realty in Multnomah County. Execution was issued on the decree and the Tillamook land was sold as the complaint here alleges,' for $15,000, its full value. The chattel property also was sold and its proceeds were applied to the partial satisfaction of the decree. Another execution was issued to the sheriff of Multnomah County…
1Opinion of the CourtBurnett, J.
The defendants contend that the plaintiffs have a full and adequate remedy for the matters alleged in their complaint in the action at law pending in Multnomah County. They rely upon Section 390, L. O. L., as amended by the act of February 13,1917 (Laws 1917, p. 126), reading as follows:
“Bills of revivor and bills of review, of whatever nature, exceptions for insufficiency, impertinence, or irrelevancy, and cross bills are abolished; but a decree in equity may be impeached and set aside, suspended, avoided, or carried into execution by an original suit; and in an action at law where the…
2Cases cited18 opinions
- Hyland v. HylandOregon Supreme Court · 1890
- Dolph v. BarneyOregon Supreme Court · 1874
- Board of School Commissioners v. BenderIndiana Court of Appeals · 1904
- The City of Guthrie v. the New Vienna BankSupreme Court of Oklahoma · 1896
- Mitchell v. HolmanOregon Supreme Court · 1897
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3Cited by28 opinions
- Corvallis Sand & Gravel Co. v. State Land BoardOregon Supreme Court · 1968
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Chapman v. Guaranty State BankTexas Commission of Appeals · 1924
- Willis v. StagerOregon Supreme Court · 1971
- Pioneer Resources, LLC v. D. R. Johnson Lumber Co.Court of Appeals of Oregon · 2003
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