Hawkins v. Rodgers
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 1. This is a suit strictly to foreclose a contract whereby the plaintiffs, husband and wife, agreed to convey land to the defendant Hala Rice Rodgers. It is not necessary to say more about the defendant First National Bank than that it was the depository of the escrow involved in the transaction.
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From Lane: George F. Skipworth, Judge. Department 1. This is a suit strictly to foreclose a contract whereby the plaintiffs, husband and wife, agreed to convey land to the defendant Hala Rice Rodgers. It is not necessary to say more about the defendant First National Bank than that it was the depository of the escrow involved in the transaction. The admitted written agreement between the parties was to the effect that the defendants Rodgers were to pay to the plaintiffs $1,000 at the execution of the contract, which was acknowledged, and $9,000 additional on or before five years, with…
1Opinion of the CourtBubnett, J.
We note at the outset that this is not a suit for specific performance, but is one of strict foreclosure, wherein the owner of the fee seeks to compel the vendee to pay the purchase price within a time fixed by the decree or abandon the undertaking.
1. The demurrer was properly sustained to the plea in abatement, it being in the nature of lis pendens. The equity court had obtained jurisdiction first in this suit for strict foreclosure wherein all the rights of all the parties can be fully and finally adjudicated; hence it is not permissible for any of the litigants to institute an action at…
2Cases cited14 opinions
- Moore v. GieseckeTexas Supreme Court · 1890
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Graham v. MerchantOregon Supreme Court · 1903
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Flanagan Estate v. Great Cent. Land Co.Oregon Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grider v. TurnbowOregon Supreme Court · 1939
- Johnson v. FeskensOregon Supreme Court · 1934
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
- Denning v. BaileyOregon Supreme Court · 1924
- Olson v. Pixler Et Ux.Oregon Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.