Johnson v. Washington Loan Assoc.
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Suit by H. A. Johnson and others against the Washington National Building, Loan and Investment Association to procure the cancellation of a mortgage. Defendant appeals. The case was submitted on briefs, under the proviso of Rule 16 of the supreme court: 35 Or. 587, 601.
1Opinion of the CourtJustice Bean
This suit is similar to many others that have been before the court in one form or another, the purpose being to can*604cel a mortgage given to a so-called building and loan association, on the ground that the debt secured thereby has been fully paid. The defendant appeared specially and moved to quash the service of summons. The motion was overruled and defendant given until a day certain in which to answer, but failing to answer within the time allowed by the court, a decree by default was entered against it. Thereafter it moved to be relieved from the default and for permission to answer, at…
2Cases cited4 opinions
- Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
- Fidelity Savings Ass'n v. SheaIdaho Supreme Court · 1899
- Western Savings Co. v. HoustonOregon Supreme Court · 1901
- Hubert v. Washington Investment Ass'nOregon Supreme Court · 1903
3Cited by2 opinions
- Aetna Building & Loan Ass'n v. HarrisSupreme Court of Oklahoma · 1917
- State v. Tuscaloosa Building & Loan Ass'nSupreme Court of Alabama · 1935