Myer v. Beal

By the Court,

McArthur, J. :

This is a suit brought to foreclose a mortgage upon certain real estate in Multnomah County after the Statute of Limitations has run upon the notes which the mortgage was given to secure. The appellant is the assignee and owner of the mortgage, and Beal, the respondent, is the grantee of the equity of redemption. Beal demurred to the complaint. The demurrer was sustained and a decree rendered dismissing the suit with costs.

The question to be determined is, whether the mortgaged premises can be subjected to the payment of the debt secured by the mortgage, after the…