Shepperd v. Holmes
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. This is a suit to set aside a sheriff’s deed, and permit the judgment debtors to redeem. It appears from the pleadings and the evidence that on November 1, 1911, the plaintiff J. H. Shepperd was indebted to the defendant Holmes, and to secure the payment of the debt executed three promissory notes, in which his father, the plaintiff George Shepperd joined.
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From Multnomah: Henry E. McGinn, Judge. Department 2. This is a suit to set aside a sheriff’s deed, and permit the judgment debtors to redeem. It appears from the pleadings and the evidence that on November 1, 1911, the plaintiff J. H. Shepperd was indebted to the defendant Holmes, and to secure the payment of the debt executed three promissory notes, in which his father, the plaintiff George Shepperd joined. Two of these notes were for the sum of $90 each, and the third was for the sum of $82.45. Payments were made thereafter, which reduced the amount due upon the notes to $178.40, for which…
1Opinion of the Court
BENSON, J. —
1. At the outset, defendants complain very bitterly of the action of the trial court in declining to hear the testimony submitted by them. The record discloses that after a portion of the plaintiffs’ evidence had been introduced, the trial judge announced that in his opinion, the real estate had been sold at so small a percentage of its market value as to render the transaction unconscionable, and that in any event he would enter a decree setting aside the deed and permitting *628plaintiffs to redeem. He then suggested that they might proceed with the taking of testimony before the…
2Cases cited4 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Schroeder v. YoungSupreme Court of the United States · 1896
- Witt v. Campbell-Lakin Segar Co.Oregon Supreme Court · 1913
- Arnold v. NessDistrict Court, D. Oregon · 1914
3Cited by2 opinions
- Hornbuckle v. HarrisCourt of Appeals of Oregon · 1984
- Geanakapulas v. ZographosOregon Supreme Court · 1922