Legal Opinion

Graber v. Boswell

Oregon Supreme Court

Decided July 1, 1919Published

Prom Douglas: George P. Skipworth, Judge.. Department 1. This is a suit to foreclose a mortgage upon real estate. The complaint is in the usual form. The note and mortgage were both executed in favor of Thomas F. Graber, who subsequently died, leaving a will naming his widow, the plaintiff herein, as his sole legatee.

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Prom Douglas: George P. Skipworth, Judge.. Department 1. This is a suit to foreclose a mortgage upon real estate. The complaint is in the usual form. The note and mortgage were both executed in favor of Thomas F. Graber, who subsequently died, leaving a will naming his widow, the plaintiff herein, as his sole legatee. The answer admits the execution of the instruments upon which the suit is based, but denies that they were executed for a valuable consideration, and then pleads affirmatively that defendant is the widow 'of Benjamin D. Boswell, who died May 19,1907, and who for a long time…

1Opinion

Former opinion modified November 4, 1919.

On Rehearing.

(185 Pac. 231.)

On rehearing former opinion modified.

Modified.

Mr. Oliver P. Coshow, for the petition for rehearing.

Messrs. Neuner & Wimberly and Mr. C. L. Colvin, contra.' i

BENSON, J.

The original opinion in this case will be found in 181 Pac. 986, where a statement of the issues may be found. The conditions under which both parties appear, render it'exceedingly difficult to arrive at a satisfactory solution of the problems presented. Captain Boswell, a retired officer of the regular army, died at Boswell Springs, in Douglas County, on May…

2Cases cited1 opinion

  1. Graber v. BoswellOregon Supreme Court · 1919

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