Legal Opinion

Howell v. Folsom

Oregon Supreme Court

Decided December 31, 1900PublishedCited by 19 opinions

From Marion: Reuben P. Boise, Judge. Suit to foreclose á mortgage executed solely by a married woman who had an estate by entirety in the premises. The husband afterward died, and upon the final hearing the mortgage was declared void because the husband had not joined in its execution.

1Opinion of the CourtChief Justice Bean

On November 21, 1895, the defendant Maggie Folsom, being the owner, with her husband, of an estate by the entirety in lots 3 and 4, block B, in Simpson’s Addition to Sar lem, mortgaged the same to plaintiff to secure a loan of $350; and, the husband,having subsequently died, this suit wasr instituted to- foreclose the mortgage, but the court held it void because the husband did not join in its execution, and plaintiff appeals.

1. ■ ■ It is argued in support o-f the decree of the court below that neither sp'ouse can convey an- estate by the entirety without the- assent of the other, and…

2Cases cited4 opinions

  1. Hiles v. . FisherNew York Court of Appeals · 1895
  2. Branch v. PolkSupreme Court of Arkansas · 1895
  3. Enyeart v. KeplerIndiana Supreme Court · 1889
  4. Velten v. CarmackOregon Supreme Court · 1892

3Cited by19 opinions

  1. King v. GreeneSupreme Court of New Jersey · 1959
  2. Stout v. Van ZanteOregon Supreme Court · 1923
  3. Ganoe v. OhmartOregon Supreme Court · 1927
  4. Hayes v. HortonOregon Supreme Court · 1905
  5. Brownley v. Lincoln CountyOregon Supreme Court · 1959

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