Bamberger v. Geiser
Oregon Supreme Court
Baker County: Morton D. Clifford, Judge. This is a suit by H. Bamberger, M. L. Tichner, and Sol Tichner, partners, as Bamberber, Tichner & Co., against Daniel Entermille, Emma Geiser, Edward Geiser, and Frank Geiser, and also Albert Geiser and Louise Geiser, both individually and as administrators of the estate of John Geiser, deceased, to foreclose a mortgage. Decree for plaintiffs, and defendants appeal.
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Baker County: Morton D. Clifford, Judge. This is a suit by H. Bamberger, M. L. Tichner, and Sol Tichner, partners, as Bamberber, Tichner & Co., against Daniel Entermille, Emma Geiser, Edward Geiser, and Frank Geiser, and also Albert Geiser and Louise Geiser, both individually and as administrators of the estate of John Geiser, deceased, to foreclose a mortgage. Decree for plaintiffs, and defendants appeal. The facts in this case are that on the fifteenth day of July, 1889, the defendant Entermille made and delivered his negotiable promissory note to A. J. Lawrence, C. W. Mandeville, and R. S.…
1Opinion of the CourtChief Justice Lord
The question to be determined is whether the discharge of a mortgage upon the record by a mortgagee, after he has assigned it, operates to cancel such mortgage as against subsequent purchasers, in good faith and for value. If this question is to receive an answer in the affirmative, it must be owing to some legal obligation.which our registry laws impose upon an assignee to record his mortgage if he would protect himself against such subsequent purchasers and encumbrancers. It is well settled that a mortgagee and his assignee are regarded as purchasers under the registry laws. It is a…
2Cases cited5 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- Reeves v. HayesIndiana Supreme Court · 1884
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
3Cited by20 opinions
- Brandrup v. Recontrust Co., N.A.Oregon Supreme Court · 2013
- McLeod v. DespainOregon Supreme Court · 1907
- Hull v. DiehlMontana Supreme Court · 1898
- Barringer v. LoderOregon Supreme Court · 1905
- United States Nat. Bank v. HoltonOregon Supreme Court · 1921
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