Bower v. Stein
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Oregon. Bill b)'- Lucy Scott Bower' against Hartian Stein. From a decree dismissing the bill, complainant appeals.
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Appeal from the Circuit Court of the United States for the District of Oregon. Bill b)'- Lucy Scott Bower' against Hartian Stein. From a decree dismissing the bill, complainant appeals. The appellant, a# complainant in the court below, filed a bill, in which she alleged that on March 20, 1896, she was the owner in fee simple of two certain lots in the city of Portland, state of Oregon, and that on said date she joined her husband in a mortgage thereof to one Sherman to secure her husband's note of $1,000, which note was payable three years from date, with interest at 8 per cent, per annum,…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The appellant seeks to invalidate a judicial decree rendered in another forum, and to go. behind that decree to the extent of obtaining leave to redeem the property which was sold thereunder. The first ground of relief stated in the bill is that the complainant did not know until long after the foreclosure suit that the holder of the mortgage had exercised his option to declare the whole sum unpaid on the note and mortgage due and payable, and that she was led to believe that he had elected to waive the option, for the reason that he failed to exercise it…
2Cases cited26 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Case of Broderick's WillSupreme Court of the United States · 1875
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- Foster v. Mansfield, Coldwater & Lake Michigan RailroadSupreme Court of the United States · 1892
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- Elling v. FineMontana Supreme Court · 1917
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