Clarke-Woodward Drug Co. v. Hot Lake Sanatorium Co.
Oregon Supreme Court
Prom Union: John W. Knowles, Judge. In Banc. This was a creditor’s suit brought to impress the lien of plaintiff’s judgment upon certain property of the defendants, and for other purposes which will more fully appear. The great length of the pleadings precludes the reproduction of them here, but briefly stated the situation is as follows: The plaintiff is a corporation doing a wholesale and retail drug business in Portland, Oregon.
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Prom Union: John W. Knowles, Judge. In Banc. This was a creditor’s suit brought to impress the lien of plaintiff’s judgment upon certain property of the defendants, and for other purposes which will more fully appear. The great length of the pleadings precludes the reproduction of them here, but briefly stated the situation is as follows: The plaintiff is a corporation doing a wholesale and retail drug business in Portland, Oregon. The Hot Lake Sanatorium Company and the Hot Lake Home and Sanatorium Company and the Topaz Land Company are corporations whose objects will hereinafter appear. At…
1Opinion of the CourtMcBRIDE, C. J.
1, 2. One of the principal questions arising upon this appeal relates to the effect of the following clause in the trust deed, which purports to convey all real and personal property then owned by the grantor and “all other real estate or right to purchase real estate, franchises, easements, appurtenances, privileges and interests which are now owned by the Hot Lake Sanatorium Company, or which it may hereafter acquire during the life of this instrument.” This language is plain and there is absolutely no room for doubt as to the intent of it. It is conceded that the property mortgaged was…
2Cases cited18 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Humphreys v. McKissockSupreme Court of the United States · 1891
- Parish v. . WheelerNew York Court of Appeals · 1860
- Toledo, Delphos & Burlington Railroad v. HamiltonSupreme Court of the United States · 1890
- Central Trust Co. v. KneelandSupreme Court of the United States · 1891
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3Cited by3 opinions
- Carlson v. Bankers Discount Corp.Oregon Supreme Court · 1923
- Mason v. Citizens' Nat. Trust & Savings Bank of Los AngelesCourt of Appeals for the Ninth Circuit · 1934
- St. Louis-San Francisco Ry. Co. v. McCornackDistrict Court, W.D. Oklahoma · 1940