Ladd & Tilton Bank v. Mitchell
Oregon Supreme Court
From Multnomah: George W. Stapleton, Judge. In Banc. This is a suit by Ladd & Tilton Bank against defendants McKinley Mitchell and wife and Lewis-Wiley Hydraulic Company to foreclose a first mortgage on certain real property.
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From Multnomah: George W. Stapleton, Judge. In Banc. This is a suit by Ladd & Tilton Bank against defendants McKinley Mitchell and wife and Lewis-Wiley Hydraulic Company to foreclose a first mortgage on certain real property. The complaint is in the usual form and asks that in the event the amount received upon the sale of the real property he insufficient to satisfy the demand of plaintiff, it have judgment against defendants Hattie Mitchell and McKinley Mitchell, and each of them, for the deficiency. The defendants Hattie Mitchell and McKinley Mitchell filed an answer admitting the…
1Opinion of the CourtBean, J.
The only issue in this case is whether the plaintiff is entitled to a judgment for any balance that may remain due after the application of the proceeds of the sale of the real property described in the mortgage. It is contended on behalf of defendants Hattie Mitchell and McKinley Mitchell, whom we will hereafter designate as defendants, as Lewis-Wiley Hydraulic Company, the other defendant, did not answer or appeal; that under the provisions of Section 426, L. O. L., the plaintiff is not entitled to a judgment for such balance or as it is termed, “a deficiency judgment.” The provisions of…
2Cases cited3 opinions
- Heuisler v. NickumCourt of Appeals of Maryland · 1873
- Eyster v. HathewayIllinois Supreme Court · 1864
- Marin v. KnoxSupreme Court of Minnesota · 1912
3Cited by16 opinions
- Childers v. Parker's, Inc.Supreme Court of North Carolina · 1968
- Brown v. . KirkpatrickSupreme Court of North Carolina · 1940
- Metropolitan Life Insurance v. CravenOregon Supreme Court · 1940
- Paget v. PetersOregon Supreme Court · 1930
- Peterson v. WilsonCalifornia Court of Appeal · 1948
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