First Nat. Bank v. Halliday
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. In substance, tbis is a suit against Emma H. Halliday and her foster son, Wilbur A. Halliday, to set aside a mortgage and a subsequent deed of certain real property given by tbe mother to the son, and to subject the same to the payment of a judgment against her in favor of the plaintiff. The land was subject to the lien of a mortgage in favor of Balfour, Guthrie & Company, about the priority of which there is no dispute.
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From Malheur: Dalton Biggs, Judge. In Banc. In substance, tbis is a suit against Emma H. Halliday and her foster son, Wilbur A. Halliday, to set aside a mortgage and a subsequent deed of certain real property given by tbe mother to the son, and to subject the same to the payment of a judgment against her in favor of the plaintiff. The land was subject to the lien of a mortgage in favor of Balfour, Guthrie & Company, about the priority of which there is no dispute. The son asserted the validity of the mortgage and deed from the mother. The result of the litigation in the Circuit Court was a…
1Opinion of the CourtBurnett, J.
1. It is required by Section 550, Or. L., that:
“The party desiring to appeal may cause a notice signed by himself or attorney, to be served on such adverse party or parties as have appeared in the action or suit, or upon his or their attorney * # .”
It is also a rule established by our decisions that an adverse party with reference to the requisite of service of notice of appeal is a plaintiff or defendant whose interest in regard to the judgment or decree appealed from is in conflict with a reversal or modification of the judgment or decree sought to be reviewed on appeal: Van Zandt v.…
2Cases cited3 opinions
- In Re Waters of Chewaucan RiverOregon Supreme Court · 1918
- French v. McKeanOregon Supreme Court · 1916
- Van Zandt v. ParsonOregon Supreme Court · 1916
3Cited by12 opinions
- Adams v. KennardOregon Supreme Court · 1927
- Laur v. Walla Walla Irrigation Co.Oregon Supreme Court · 1926
- Colwell v. Union Central L. Ins. Co.North Dakota Supreme Court · 1930
- State Ex Rel. Perry v. MountOregon Supreme Court · 1932
- Heider v. UnicumeOregon Supreme Court · 1933
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