Higgs v. McDuffie
Oregon Supreme Court
From Morrow: Gilbert W. Phelps, Judge. In Bane. Statement by Mr. Justice Burnett. This is an action by A. K. Higgs against George Mc-Duffie, sheriff of Morrow County, Oregon, substituted as defendant in place of Marion Evans, former sheriff of Morrow County, Oregon.
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From Morrow: Gilbert W. Phelps, Judge. In Bane. Statement by Mr. Justice Burnett. This is an action by A. K. Higgs against George Mc-Duffie, sheriff of Morrow County, Oregon, substituted as defendant in place of Marion Evans, former sheriff of Morrow County, Oregon. On January 21, 1905, the plaintiff purchased 1,040 acres of land in Morrow County, which will be called “Lot A,” and as part of the purchase price gave his note to the grantor for $6,000, securing the same by a mortgage on the premises. He had acquired a quarter-section of land from another source, which we will call “Lot B,” and…
1Opinion
Denied July 25, 1916.
On Petition for Rehearing.
(158 Pac. 953.)
2Opinion of the CourtJustice Burnett
4-6. The principal contentions of the defendant in his petition for rehearing are that the court erred in the former opinion in holding that the plaintiff conveyed to Winnard and Goodman only the equity of redemption in the land in question, and that he was properly a judgment debtor, entitled to redeem the premises from the execution sale under the decree. Apparently counsel impute to the phrase “equity of redemption” the common-law signification, but this is erroneous. It is true, indeed, that under our Code, and decisions in…
3Cases cited17 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Flanders v. AumackOregon Supreme Court · 1897
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Sellwood v. GrayOregon Supreme Court · 1884
- Williams v. WilsonOregon Supreme Court · 1902
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