Legal Opinion

Balfour v. Rogers

U.S. Circuit Court for the District of Oregon

Decided December 17, 1894No. 1,986PublishedCited by 2 opinions

This was a suit by Robert Balfour and others against R. J. Rogers and others for the foreclosure of a mortgage. The case was heard upon a stipulation of facts.

1Opinion of the Court

BELLINGER, District Judge.

This is a foreclosure suit brought by complainants to foreclose a mortgage for $20,000 executed by the defendants Rogers and wife and Williamson and wife. It appears that, immediately prior to the execution of the mortgage in suit, attachments were levied on the mortgaged property, which was subsequently sold upon execution in the attachment suits. The complainants, to protect their mortgage,' acquired the rights of the purchaser at such sale by an assignment of the certificate of sale from the defendant Scriber, who had acquired it from the purchaser. The sale was…

2Cases cited1 opinion

  1. Cartwright v. SavageOregon Supreme Court · 1875

3Cited by2 opinions

  1. Fields v. CrowleyOregon Supreme Court · 1914
  2. Smith v. LorentzenDistrict Court, D. Alaska · 1910

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