Ayre v. Hixson
Oregon Supreme Court
From Baker: William Smith, Judge. This is a suit by W. G. Ayre against Elijah Hixson, L. M. Hixson, Russel Ames and Brasfield Bros, to foreclose four mortgages which include both real and personal property. The defendants Brasfield Bros, were made parties on account of their being in possession of certain personal property, which plaintiff contends are included in the mortgages given by the defendants Hixson & Ames.
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From Baker: William Smith, Judge. This is a suit by W. G. Ayre against Elijah Hixson, L. M. Hixson, Russel Ames and Brasfield Bros, to foreclose four mortgages which include both real and personal property. The defendants Brasfield Bros, were made parties on account of their being in possession of certain personal property, which plaintiff contends are included in the mortgages given by the defendants Hixson & Ames. There was a decree in favor of plaintiff, from which the defendants, Brasfield Bros., alone appeal. Statement by Mr. Justice Eakin. This is a suit to foreclose four mortgages,…
1Opinion of the CourtJustice Eakin
1. At the outset plaintiff contends that because the defendants Brasfield Bros, joined with Hixson & Ames in the original answer, and therefore could make no defense not common to all the defendants so answering, they cannot now by their several answers avail themselves of the defense that they were innocent purchasers. At the time the complaint was amended, defendants, by consent of the court, reserved the right to move against or to answer the same at a subsequent time. This was prior to the taking of any evidence; and in filing their answer to the amended complaint they were not bound to…
2Cases cited28 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Northwestern Bank v. FreemanSupreme Court of the United States · 1898
- Rhodes v. McGarryOregon Supreme Court · 1890
- Adams v. WildesMassachusetts Supreme Judicial Court · 1871
- Jennings v. LentzOregon Supreme Court · 1908
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ontario Livestock Commission Co. v. FlynnSupreme Court of Iowa · 1964
- Laam v. GreenOregon Supreme Court · 1922
- Blackfoot City Bank v. ClementsIdaho Supreme Court · 1924
- West v. McDonaldOregon Supreme Court · 1912
- Elwyn v. De GarmendiaCourt of Appeals of Maryland · 1925
21 more not listed; retrieve them via the Exa API.