Wesco v. Kern
Oregon Supreme Court
From Multnomah : E. D. Shattuck, Judge. Action for damages by H. W. Wesco against John W. Kern. From a judgment for plaintiff this appeal is taken.
1Opinion
Decided 26 March, 1900.
On Petition for Rehearing.
[60 Pac. 503.]
2Opinion of the CourtJustice Bean
The effect of a sale under a decree foreclosing a mortgage containing a covenant of warranty, upon the right either of the purchaser at such sale or the mortgagor, or his successor in interest, to maintain an action for a breach of such a covenant in the chain of title of the mortgagor, occurring after the date of the mortgage and before the sale, is not involved in this case, because there was no sale under the mortgage of that portion of the property from which the mortgagor had been evicted; and therefore the opinion must not…
3Cases cited3 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1894
- Resser v. CarneySupreme Court of Minnesota · 1893
- Moore v. BevisSupreme Court of Oklahoma · 1900