Legal Opinion

Oregon & W. Trust Inv. Co. v. Shaw

U.S. Circuit Court for the District of Oregon

Decided December 6, 1878PublishedCited by 8 opinions

This suit is brought to enforce the lien of a mortgage executed to the complainant by C. W. Shaw and wife upon the south half of the donation of John tV. Chambers and wife, situate in Polk county, Oregon, and being parts of sections 31, 32 and 33, in township 0, south range 3 west of the Wallamet meridian.

1Opinion of the Court

DEADY, District Judge.

The cause was heard on the bill and answer of Charles Swegle. The facts appearing therefrom are as follows: On April 28, 1877, Shaw borrowed three thousand dollars of the complainant, for which he gave his note, payable on June 1, 1882, with interest thereon at the rate of ten per centum per annum, payable semi-annually; and on the same day, as a security for the payment thereof, executed, together with his wife, a mortgage upon the premises aforesaid, which was duly recorded on May 9, 1877. This mortgage contained a clause to the effect, that if default was made in the…

2Cases cited3 opinions

  1. James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
  2. Murray v. LylburnNew York Court of Chancery · 1817
  3. Starr v. EllisNew York Court of Chancery · 1822

3Cited by8 opinions

  1. Wilson v. CampbellMichigan Supreme Court · 1896
  2. United States Nat. Bank v. HoltonOregon Supreme Court · 1921
  3. Fischer v. WoodruffWashington Supreme Court · 1901
  4. Merchants Trust Co. v. DavisIdaho Supreme Court · 1930
  5. Babcock v. YoungMichigan Supreme Court · 1898

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