Wright v. Wimberly
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. In Banc. This is an action by A. H. Wright against L. Wimberly and Cora, his wife, to recover money. The facts are that on January 27, 1910, O. C. Jones and his wife in consideration of $4,000 executed to L. Wimberly a deed of a tract of land in Douglas County, Oregon.
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From Douglas: James W. Hamilton, Judge. In Banc. This is an action by A. H. Wright against L. Wimberly and Cora, his wife, to recover money. The facts are that on January 27, 1910, O. C. Jones and his wife in consideration of $4,000 executed to L. Wimberly a deed of a tract of land in Douglas County, Oregon. The purchaser paid $1,000 down and thereupon he and his wife executed to Jones a promissory note for $3,000, maturing on or before ten years with interest at the rate of 6 per cent, payable annually, but if default were made as to any such installments, the principal and interest were to…
1Concurrence
HARBIS, J.,
Concurring. — L. Wimberly and Cora Wimberly purchased a tract of land from O. C. Jones; they paid a part of the purchase price and gave to Jones their promissory note for the balance and they secured the note by executing a mortgage on the land so purchased by them. The note was dated January 28, 1910, and was for the sum of $3,000 payable on or before ten years after date with interest at 6 per cent per annum, payable annually. Neither the note nor the mortgage made reference to the fact that either paper represented a part of the purchase price of the land. Jones sold the note…
2Cases cited15 opinions
- Noonan v. LeeSupreme Court of the United States · 1863
- Page v. FordOregon Supreme Court · 1913
- Frank v. . DavisNew York Court of Appeals · 1892
- Crisman v. LantermanCalifornia Supreme Court · 1906
- Orchard v. Hughes. Id. v. IdSupreme Court of the United States · 1864
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