Legal Opinion

Hansen v. Day

Oregon Supreme Court

Decided February 1, 1921PublishedCited by 7 opinions

From Lane: James W.- Hamilton, Judge. Department 2. The substance of the contest here is that the defendant Floyd M. Day foreclosed a mortgage upon the property of the plaintiff. An execution was issued on the decree, and the realty in question was sold to the defendant Edythe V. Day.

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From Lane: James W.- Hamilton, Judge. Department 2. The substance of the contest here is that the defendant Floyd M. Day foreclosed a mortgage upon the property of the plaintiff. An execution was issued on the decree, and the realty in question was sold to the defendant Edythe V. Day. The sale was confirmed and just before the lapse of the year allowed for redemption the plaintiff here served notice upon the purchaser to attend at the office of the sheriff, for the purpose of redeeming the land, stating in her notice in substance that she proposed to pay the purchase price, interest, and…

1Opinion of the CourtBurnett, C. J.

1. The redemption sought is not from the mortgage, but from the sale: Higgs v. McDuffie, 81 Or. 256 (157 Pac. 794, 158 Pac. 953). When the mortgage was due, there arose a cause of suit in favor of the mortgagor to redeem the property, on paying the debt. An example of such a suit is Swegle v. Belle, 20 Or. 323 (25 Pac. 633), cited in the plaintiff’s brief. A counterpart of the mortgagor’s right was that of the mortgagee to foreclose the mortgage. In either a suit to redeem or one to foreclose, counterclaims ordinarily may be adjudicated, because such suits are based on contract, and the…

2Cases cited4 opinions

  1. Higgs v. McDuffieOregon Supreme Court · 1916
  2. Dray v. DrayOregon Supreme Court · 1891
  3. Doerhoefer v. FarrellOregon Supreme Court · 1896
  4. Swegle v. BelleOregon Supreme Court · 1891

3Cited by7 opinions

  1. Haskin v. GreeneOregon Supreme Court · 1955
  2. Stamate v. PetersonOregon Supreme Court · 1968
  3. The Penn Mutual Life Insurance Co. v. MoscovitzSupreme Court of Florida · 1935
  4. Northwest Lumber Sales, Inc. v. Continental Forest Products, Inc.Oregon Supreme Court · 1972
  5. State v. PetersenOregon Supreme Court · 1989

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