Jacobs v. McCalley
Oregon Supreme Court
Appeal from Linn county. This is a suit in equity to foreclose a chattel mortgage. The mortgage provided that in case of default the mortgagee should take possession of the mortgaged property and sell it at public auction after giving two weeks’ notice of the sale. The mortgagor remained in possession of the property under the mortgage, and while in such possession sold it and thereupon delivered possession to his assignee.
1Opinion of the Court
By the Court,
Boise, J.:
It is claimed by the respondents that as there is a manner for foreclosing this mortgage provided in the instrument itself, the provisions of section 2, page 688, of the statute *125apply to it, and that it must be foreclosed by the mortgagees under and in pursuance of the stipulation of the parties contained in the mortgage. Section 2 provides that “ whenever in any mortgage of goods and chattels the parties to such mortgage shall have provided the manner in which such mortgage maybe forclosed, such mortgage, upon breach of the conditions thereof, may be foreclosed in the…
2Cases cited1 opinion
- Orton v. OrtonOregon Supreme Court · 1879
3Cited by9 opinions
- Mayes v. StephensOregon Supreme Court · 1901
- Commercial National Bank v. DavidsonOregon Supreme Court · 1889
- McNeff v. Southern Pac. Co.Oregon Supreme Court · 1912
- Thayer v. Nehalem Mill Co.Oregon Supreme Court · 1897
- Irving Park Ass'n v. WatsonOregon Supreme Court · 1902
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