Ankeny v. Lieuallen

This is an appeal from a decree foreclosing a mortgage on 320 acres of farm land in Umatilla county, Oregon. The mortgage was given on October 17,1932, by James T. Lieuallen and his second wife to the First Inland National Bank of Pendleton. The plaintiff, as agent for the shareholders of the bank, was substituted for the receiver of the bank.

The one question is whether, under the terms of a contract entered into between Lieuallen and his deceased former wife and the mutual wills by them executed in pursuance of said contract, he had a lawful right to encumber this property with a mortgage.…