Legal Opinion

Rolston v. Markham

Oregon Supreme Court

Decided November 20, 1899PublishedCited by 5 opinions

From Washington : Thos. A. McBride, Judge. Suit by F. Y. Rolston, administrator, against Simon S. Markham and others. Decree for plaintiff, and defendants appeal.

1Opinion of the CourtChief Justice Wolverton

This is a suit to foreclose a mortgage, and the only question presented by the record is one of fact — whether the defendant Henry Hamilton assumed, by verbal promise, the payment of the mortgage in question as a part consideration of the purchase price of the premises covered thereby. On March 26, 1895, Simon S. Markham, and Cynthia, his wife, conveyed the premises to Thomas Madi*113gan and J. D. Rode, by warranty deed, wlierein they covenanted to warrant and defend the same against all lawful incumbrances, except the mortgage of plaintiff. There was at the time a prior mortgage upon the…

2Cases cited1 opinion

  1. Smith v. GriswoldOregon Supreme Court · 1877

3Cited by5 opinions

  1. Van De Wiele v. GarbadeOregon Supreme Court · 1912
  2. Peters v. DietrichOregon Supreme Court · 1933
  3. Parker v. Interstate Trust & Banking Co.Court of Appeals for the Fifth Circuit · 1932
  4. Marks v. MuirMichigan Supreme Court · 1937
  5. White v. HarrisonOregon Supreme Court · 1921

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