Shepard v. Saltzman
Oregon Supreme Court
From Multnomah : Loyal B. Stearns, Judge. Suit by Bobina Shepard against Peter Saltzman, Jr., as executor, to foreclose a mortgage made by the father of defendant in his lifetime. There was a decree for plaintiff.
1Opinion of the CourtChief Justice Wolverton
This is a suit to foreclose a mortgage upon real property against the personal representative and heirs of the deceased mortgagor. The executor maintains that he has a lien upon the premises for the costs and charges, or expenses, of administering the estate of the deceased, prior and superior in right to the lien of plaintiff’s mortgage, there not being sufficient other property of the estate with which to pay such costs and charges. Whether this contention is sound, presents the only question foi our consideration. In our view of the matter, this may be resolved by ascertainment of the…
2Cases cited4 opinions
- Ryker v. VawterIndiana Supreme Court · 1889
- Teel v. WinstonOregon Supreme Court · 1892
- Verdier v. BigneOregon Supreme Court · 1888
- In re Estate of MurrayCalifornia Supreme Court · 1861
3Cited by5 opinions
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- Shortle v. McCloskeyNew Mexico Supreme Court · 1935
- WOLFE INVESTMENTS, INC. v. ShroyerOregon Supreme Court · 1968
- Mahan v. Bank of PaxWest Virginia Supreme Court · 1930
- Walker v. BakerCourt of Appeals of Oregon · 1979