Marshall v. Middleton
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 1. This is a proceeding, originally brought in the County Court of Multnomah County, to compel the defendants, as executors of the estate of William EL Marshall, deceased, to pay off and discharge a lien upon certain real estate devised to the claimants hy said decedent.
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From Multnomah: Robert Gr. Morrow, Judge. Department 1. This is a proceeding, originally brought in the County Court of Multnomah County, to compel the defendants, as executors of the estate of William EL Marshall, deceased, to pay off and discharge a lien upon certain real estate devised to the claimants hy said decedent. The facts shown in the record are as follows: In April, 1910, W. EL and May S. Hembree purchased a small farm from Mary E. and John N. Rogers, and, being indebted for the purchase price, gave their notes therefor; one of said notes being for the sum of $4,225, bearing…
1Opinion of the CourtMcBRIDE, C. J.
1. Waiving certain questions as to the mode of procedure adopted by the claimants, we are of the opinion that the executors were not legally bound to redeem from the foreclosure sale, and that the will only passed to the claimants the legal title to the tract in question, subject to the mortgage.
As between decedent and the legatees, the land constituted the primary fund out of which the mortgagees could secure the satisfaction of the debt. The question as to whether the agreement by the assignee to assume and pay off the mortgage rendered him personally liable to the mortgagees, in ease they…
2Cases cited15 opinions
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
- Wright v. WimberlyOregon Supreme Court · 1919
- Home v. SellingOregon Supreme Court · 1919
- Meyer v. . CahenNew York Court of Appeals · 1888
- Wilts v. WiltsSupreme Court of Iowa · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Foster v. FosterSupreme Court of Alabama · 1929
- In Re Hart's EstateWashington Supreme Court · 1929
- Lutz v. Blackwell Et Ux.Oregon Supreme Court · 1928
- Ward v. Beem CorporationOregon Supreme Court · 1968
- Wright v. NothnagelOregon Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.