Bradtfeldt v. Cooke
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit by Eliza Bradtfeldt to foreclose a mortgage alleged to have been executed by the defendant Martha S. Cooke, to secure the payment of a promissory note for four thousand dollars.
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Appeal from Multnomah: Loyal B. Stearns, Judge. This is a suit by Eliza Bradtfeldt to foreclose a mortgage alleged to have been executed by the defendant Martha S. Cooke, to secure the payment of a promissory note for four thousand dollars. The evidence shows that on November seventh, eighteen hundred and ninety-one, the plaintiff, being owner in fee simple of lot five in block twenty-one in Albina Addition to Portland, Oregon, for the expressed consideration of four thousand dollars, executed to the defendant Martha S. Cooke, a deed containing a covenant of warranty against all encumbrances,…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
The plaintiff contends that the new matter alleged in the answer does not constitute a defense to the suit, and that the court erred in overruling the demurrer thereto; while the defendant insists that she may plead her participation in the scheme to hinder, delay, or defraud the plaintiff’s creditors, and that, the note and mortgage being evidence of an executory contract, which, as she contends, is illegal, the court should not enforce it. The defendant’s contention proceeds upon the theory that, she being in pari delieto, the maxim, potior est conditio…
2Cases cited21 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Blagen v. ThompsonOregon Supreme Court · 1892
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- Doon v. SmithOregon Supreme Court · 1893
- Clemens v. ClemensWisconsin Supreme Court · 1871
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3Cited by37 opinions
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- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Pacific Livestock Co. v. GentryOregon Supreme Court · 1900
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