Bush v. Roberts
Oregon Supreme Court
From Polk: William Galloway, Judge. Statement by Mr. Justice McBride. This is a suit to foreclose certain mortgages given to secure two promissory notes executed by A. G. and M. L. Roberts in favor of Ladd & Bush. The first note is for the sum of $1,000, and with interest at 8 per cent, dated March 21, 1905, and due 10 months after date. The second note is for $2,000, with a like rate of interest, and is dated December 4, 1908, due one day after date.
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From Polk: William Galloway, Judge. Statement by Mr. Justice McBride. This is a suit to foreclose certain mortgages given to secure two promissory notes executed by A. G. and M. L. Roberts in favor of Ladd & Bush. The first note is for the sum of $1,000, and with interest at 8 per cent, dated March 21, 1905, and due 10 months after date. The second note is for $2,000, with a like rate of interest, and is dated December 4, 1908, due one day after date. Both notes are secured by mortgages upon the lands hereinafter referred to. The evidence tends to show that in the month of November, 1902,…
1Opinion of the CourtJustice McBride
1. The second mortgage was clearly given for a valuable consideration. The evidence of Roberts is to the effect that he was owing Ladd & Bush a large sum of money secured by mortgages; that he was in default for interest and on other accounts, and, when he applied for aid, they suggested that he give them a note for $2,000, and the second mortgage, partly as additional security *172and partly as representing an additional advance of $300 or $400. Roberts’ testimony also indicates that a portion of these prior loans had been used to assist Williamson in making improvements, paying for hired help,…
2Cited by2 opinions
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