Edwards v. Perkins
Oregon Supreme Court
Appeal from Washington County. This action is brought to recover damages for alleged breaches of implied covenants in an instrument executed under seal.
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Appeal from Washington County. This action is brought to recover damages for alleged breaches of implied covenants in an instrument executed under seal. The complaint alleges that on the sixth day of March, 1876, W. N. McCoy was the owner of a farm in Yamhill county, subject to a mortgage owned by J. S. Giltner, then due; that on said day Giltner commenced suit to foreclose said mortgage; that on the twenty-first day of November, 1876, McCoy conveyed by deed the mortgaged premises to defendant; that on the tenth day of January, 1877, before decree of foreclosure, the respondent and appellant…
1Opinion of the Court
By the Court,
Boise, J.:
It is claimed, in this case, by the respondent, that this cause should be dismissed for this reason, that there is no udgment in the circuit court from which an appeal will lie. It appears from the amended transcript that on the twenty-eighth day of May, 1878, the judgment appealed from was rendered against the appellant for twenty-four dollars and eighty-five cents, costs and disbursements, and that after-wards, on the same day, the appellant paid the same, and on the twenty-third day of July, 1878, appellant caused a notice of appeal to be served on the respondent.…
2Cited by28 opinions
- Moores v. MooresOregon Supreme Court · 1899
- Burke v. StateOregon Supreme Court · 2012
- Fargo v. BennettIdaho Supreme Court · 1922
- Obermeier v. Mortgage Co. Holland-AmericaOregon Supreme Court · 1924
- Duniway v. Cellars-Murton Co.Oregon Supreme Court · 1919
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