Roseburg Nat. Bank v. Camp
Oregon Supreme Court
From Douglas: George F. Skipworth, Judge. Department 1.' The defendants appealed from an order confirming a sale of property which had been sold pursuant to an execution issued on a money judgment and a decree foreclosing a mortgage. On May 27, 1909, E. N. Camp executed and delivered to H. G. Sonnemann a promissory note for $8,681.67 payable on or before two years after date.
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From Douglas: George F. Skipworth, Judge. Department 1.' The defendants appealed from an order confirming a sale of property which had been sold pursuant to an execution issued on a money judgment and a decree foreclosing a mortgage. On May 27, 1909, E. N. Camp executed and delivered to H. G. Sonnemann a promissory note for $8,681.67 payable on or before two years after date. Camp owned, subject to the paramount title of the United States, 680 acres of unpatented placer mining ground together with ditches and water rights. He also owned mining tools, pipe, giants and buildings, all of which…
1Opinion of the Court
HARRIS, J. —
1. A judgment debtor can redeem realty but he cannot redeem personalty when sold on execution: Sections 240 and 244, L. O. L. The unpatented placer mining claims, embraced within the 680 acres, and the ditches are by statute declared to be *72real estate: Sections 5132 and 5136, L. O. L. Camp had a right, therefore, to redeem the mining claims and the ditches bnt he conld not redeem the pipe, giants and mining tools if they were personalty. That some of the property was personalty is admitted by the plaintiff, for the mortgaged property is thrice referred to in the complaint as “real…
2Cases cited17 opinions
- Oregon Railway & Navigation Co. v. MosierOregon Supreme Court · 1887
- Henkle v. DillonOregon Supreme Court · 1888
- Helm v. GilroyOregon Supreme Court · 1891
- Overman v. . SasserSupreme Court of North Carolina · 1890
- Roseville Alta Min. Co. v. Iowa Gulch Min. Co.Supreme Court of Colorado · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
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- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- First State & Savings Bank v. OliverOregon Supreme Court · 1921
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
- Anderson v. Columbia Contract Co.Oregon Supreme Court · 1919
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