Hawkenson v. Rostad
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff brings suit to foreclose a real estate mortgage executed by Rostad and wife to one Thorsen to secure their three promissory notes given to the latter, one for $20,000 and two others each for $5,000. The plaintiff claims to be the owner of the large note and says that the defendant Flanders owns the other two.
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From Multnomah: Robert Gr. Morrow, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff brings suit to foreclose a real estate mortgage executed by Rostad and wife to one Thorsen to secure their three promissory notes given to the latter, one for $20,000 and two others each for $5,000. The plaintiff claims to be the owner of the large note and says that the defendant Flanders owns the other two. Both he and Flanders aver that they acquired title to them prior to their maturity. In his primary pleading the plaintiff says he does not ask for any personal judgment against the…
1Opinion of the CourtJustice Burnett
1, 2. The testimony discloses substantially the following state of affairs: Thorsen was the owner of the land *708in question. He procured Eostad to take a deed to the premises, execute the notes mentioned and with his wife to secure the same by a mortgage upon the realty. At the same time and as part of the same transaction Thorsen also took a return deed from Eostad and wife conveying the land back to him. This latter instrument was withheld from record, but the deed from Thorsen to Eostad and the latter’s mortgage were recorded about the time of their execution. There is no controversy but…
2Cases cited8 opinions
- Osborn v. LogusOregon Supreme Court · 1894
- Sellwood v. GrayOregon Supreme Court · 1884
- Meier v. KellyOregon Supreme Court · 1892
- Dimmick v. RosenfeldOregon Supreme Court · 1898
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Wilson v. Willamette Industries, Inc.Oregon Supreme Court · 1977
- Stoll v. StollDistrict Court, D. Oregon · 2024
- Watt v. ReevesOregon Supreme Court · 1918