Ukase Inv. Co. v. Smith
Oregon Supreme Court
From Multnomah.: John P. Kavanaugh, Judge. Department 1. The plaintiff brought this suit to foreclose a mortgage given to it by Walter Y. Smith and his wife upon his undivided interest in fee in certain real estate described in the complaint.
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From Multnomah.: John P. Kavanaugh, Judge. Department 1. The plaintiff brought this suit to foreclose a mortgage given to it by Walter Y. Smith and his wife upon his undivided interest in fee in certain real estate described in the complaint. The defendant, Welcome, is made a defendant on the allegation that he is the Folder of a tax certificate for taxes assessed and unpaid on Smith’s share in the property. ' Smith and his wife interposed a plea in abatement to the effect that before the commencement of the instant foreclosure proceeding he had instituted a suit to partition the property to…
1Opinion of the CourtBurnett, J.
Partition of real property is governed by statute. The procedure laid down in this state is part of the Code of 1862, which contains also provisions for the foreclosure of liens upon real property. The latter is delineated in Chapter 5 of Title VI, L. O. L., and the former in the following chapter, L. O. L., Sections 422-483. It is primary learning that all parts of the same statute must be construed together and so that all shall stand if possible.
*3401. As stated in Section 435, L. O. L., the only persons who can institute a suit in partition are those who hold as tenants in common, and have an…
2Cases cited9 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- Jordan v. UnderhillAppellate Division of the Supreme Court of the State of New York · 1904
- Dick v. GilmerSupreme Court of Louisiana · 1849
- Martin v. SplivaloCalifornia Supreme Court · 1886
- Reis v. ApplebaumMichigan Supreme Court · 1912
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3Cited by9 opinions
- Brandrup v. Recontrust Co., N.A.Oregon Supreme Court · 2013
- Lee v. MitchellCourt of Appeals of Oregon · 1998
- Hess v. SeegerCourt of Appeals of Oregon · 1982
- Owen J. Jones & Son, Inc. v. GospodinovicCourt of Appeals of Oregon · 1980
- LEXTON-ANCIRA, INCORPORATED v. KayOregon Supreme Court · 1974
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