Fahie v. Pressey
Oregon Supreme Court
Appeal from Multnomah County. The complainant filed Ms bill in chancery in the Circuit Court for Multnomah county, and shows the following state of facts: The respondents, E. B. Pressey and Penna Pressey, Ms Wife, in 1859, executed a mortgage upon lot number four in block number , in tbe city of Portland, Oregon, to one ’William O’Neill, to secure the payment of five hundred dollars with interest, for which there was also a note executed by E. B. Pressey andoneLathrop.
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Appeal from Multnomah County. The complainant filed Ms bill in chancery in the Circuit Court for Multnomah county, and shows the following state of facts: The respondents, E. B. Pressey and Penna Pressey, Ms Wife, in 1859, executed a mortgage upon lot number four in block number , in tbe city of Portland, Oregon, to one ’William O’Neill, to secure the payment of five hundred dollars with interest, for which there was also a note executed by E. B. Pressey andoneLathrop. Incase of default of payment the mortgage empowered the mortgagee to sell the premises in manner as prescribed by law, pay…
1Opinion of the CourtStratton, J.
As the case stands on demurrer to the bill, it must be determined by such interpretations ashy law ought to be given .to the allegations of complainant; and, upon these allegations, not controverted, is he entitled to relief upon his own showing 1 It may be remarked in passing, as a well settled rule of pleading, that every question of accident, surprise, mistake or fraud, must rest, not upon the mere statement of the pleader, eo nomine, but upon such a showing of facts and circumstances, if taken as true, as must lead to that legal conclusion. (Story, Eq. Pl., 251.)
Upon similar principle and…
2Cases cited1 opinion
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
3Cited by7 opinions
- Coos County v. StateOregon Supreme Court · 1987
- Thorton v. KrimbellOregon Supreme Court · 1895
- Clark v. HindmanOregon Supreme Court · 1905
- Aetna Casualty & Surety Co. v. BreckenridgeSupreme Court of Florida · 1929
- Grand Prize Hydraulic Mines v. BoswellOregon Supreme Court · 1915
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