Katz v. Obenchain
Oregon Supreme Court
From Klamath: Henry L. Benson, Judge. Statement by Mr. Chief Justice Bean. This is a suit for an injunction and general equitable relief by Israel Katz against Silas Obenchain, as sheriff, and others.
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From Klamath: Henry L. Benson, Judge. Statement by Mr. Chief Justice Bean. This is a suit for an injunction and general equitable relief by Israel Katz against Silas Obenchain, as sheriff, and others. On December 8, 1892, Quincy A. Brooks and wife mortgaged blocks 71, 72, 73, 86 and 87, in Klamath Falls, to the plaintiff to secure the payment of a promissory note for $1,250 due one year after date, and bearing interest at 10 per cent per annum, and such mortgage was duly recorded on December 16, 1892. Brooks and wife were at the time and continued thereafter to be nonresidents of the State.…
1Opinion of the CourtChief Justice Bean
The important questions on this appeal are (1) whether the attachment lien in the action of Meyer v. Brooks was waived or lost by the failure to make a proper entry of the judgment in the judgment lien docket; and, if not, (2) whether the plaintiff’s rights under his mortgage were, as against the subsequent lien of Meyer’s attachment, merged in the legal title acquired by him through E. C. Brooks.
1. The statute provides that the sheriff’s certificate of the attachment of real property shall be by such officer delivered to the county clerk of the county in which the attached property is…
2Cases cited7 opinions
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- Meier v. KellyOregon Supreme Court · 1892
- Rutenic v. HamakarOregon Supreme Court · 1902
- Emery v. YountSupreme Court of Colorado · 1883
- Sellers v. FloydSupreme Court of Colorado · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re McNeelyUnited States Bankruptcy Court, D. Utah · 1985
- Federici Et Ux v. LehmanOregon Supreme Court · 1962
- Monese v. StruveOregon Supreme Court · 1936
- Bollenback v. Continental Casualty Co.Oregon Supreme Court · 1966
- Baxter v. Redevco, Inc.Oregon Supreme Court · 1977
22 more not listed; retrieve them via the Exa API.