White v. Harrison
Oregon Supreme Court
From Klamatk: D. Y. Kuykendall, Judge. Department 1. This is a suit to foreclose a pnrchase-money mortgage given by the defendant to the plaintiff on certáin lands in Klamath County described by legal subdivisions.
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From Klamatk: D. Y. Kuykendall, Judge. Department 1. This is a suit to foreclose a pnrchase-money mortgage given by the defendant to the plaintiff on certáin lands in Klamath County described by legal subdivisions. After denying the existence of consideration for the notes evidencing the indebtedness, and challenging certain legal conclusions, the defendant avers that at the time the notes and mortgage were executed : “The plaintiff * * did represent to this defendant that such real estate was well adapted for the business and purpose of operating thereon a livestock ranch and upon which…
1Opinion of the CourtBurnett, C. J.
Included in tbe transaction of buying tbe land in question was tbe purchase of considerable personal property on tbe farm, which belonged to tbe plaintiff. No offer of restoration to tbe former status of the property is pleaded or proved. Tbe issue is narrow, and tbe evidence is confined mainly to tbe statement that tbe bay land would not produce one ton per acre, as charged in the answer, and further that tbe realty pointed out did not all belong to tbe plaintiff. There is an irroconcilablé conflict in tbe testimony. The defendant is practically alone in bis statements that tbe…
2Cases cited7 opinions
- Boelk v. NolanOregon Supreme Court · 1910
- Palmiter v. HackettOregon Supreme Court · 1919
- Davis v. MitchellOregon Supreme Court · 1914
- Steen v. WeistenOregon Supreme Court · 1908
- Rolston v. MarkhamOregon Supreme Court · 1899
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