Levens v. Briggs
Oregon Supreme Court
Defendants appeal. This is a suit to foreclose a mortgage. The complaint alleges that on the twenty-fifth day of April, 1881, at Can-yonville, Douglas county, Oregon, the .defendants W. P. Briggs and Elizabeth Briggs made their promissory note of that date and thereby promised to pay to Dan A. Levens, or order, twenty-five hundred dollars, ten years after date, with interest thereon at the rate of ten per cent per annum from date until paid, the interest to be paid annually,…
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Defendants appeal. This is a suit to foreclose a mortgage. The complaint alleges that on the twenty-fifth day of April, 1881, at Can-yonville, Douglas county, Oregon, the .defendants W. P. Briggs and Elizabeth Briggs made their promissory note of that date and thereby promised to pay to Dan A. Levens, or order, twenty-five hundred dollars, ten years after date, with interest thereon at the rate of ten per cent per annum from date until paid, the interest to be paid annually, and if not so paid to be considered as an additional amount of principal, and to bear like interest per annum, and a…
1Opinion of the CourtStrahaN, C. J.
Upon this appeal two questions were argued. The first was that the court erred in finding the amount due on said note and mortgage to he $4,130 instead of $3,531.23, and the second was that the court erred in allowing $400 or any sum as attorney fee. These questions will be separately considered.
The only contention of the appellant on the first proposition is, that the court should not have computed interest upon interest after it annually became due and remained unpaid agreeably to the terms of the note. It was conceded upon the argument here that if the plaintiff was entitled to interest on…
2Cases cited18 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- Balfour v. DavisOregon Supreme Court · 1886
- Bledsoe v. . Nixon .Supreme Court of North Carolina · 1873
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Parks v. SmithOregon Supreme Court · 1920
- Ralston v. StoneOregon Supreme Court · 1924
- Union Central Life Insurance v. LaFolletteOregon Supreme Court · 1935
- (PC) Spencer v. Pulido-EsparzaDistrict Court, E.D. California · 2023
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