Security Trust Co. v. Loewenberg
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Suit by the Security Savings & Trust Company and others against Bertha Loewenberg, executrix, and others to foreclose a trust deed given as security for the payment of money.
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From Multnomah: John B. Cleland, Judge. Suit by the Security Savings & Trust Company and others against Bertha Loewenberg, executrix, and others to foreclose a trust deed given as security for the payment of money. The facts, which are undisputed, are that on June 19, 1893, the defendant Loewenberg and wife conveyed to the plaintiff, as trustee, by a deed absolute in form, certain real property, to secure the payment of $100,000 to be loaned to him by certain banks of Portland, and contemporareously therewith, as a part of the same transaction, received from the trust company a written…
1Opinion of the CourtChief Justice Bean
The question for decision is one of priority between the claim of the plaintiff banks and that of the defendants Watson and Leonard. The right of the plaintiff corporation to a prior lien for the amount due on the original loan to Loewenberg is not disputed by any of the parties. The instrument of January 5, under which the plaintiff banks claim, although not executed or acknowledged so as to make it a formal mortgage, is, nevertheless, effective as such between the parties and subsequent purchasers or attaching creditors with notice: Moore v. Thomas, 1 Or. 201; Musgrove v. Bonser, 5 Or. 313…
2Cases cited24 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Frost v. BeekmanNew York Court of Chancery · 1814
- Anderson v. BaxterOregon Supreme Court · 1871
- Sellwood v. GrayOregon Supreme Court · 1884
- Shattuck v. . BascomNew York Court of Appeals · 1887
19 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Schleef v. PurdyOregon Supreme Court · 1923
- Jennings v. LentzOregon Supreme Court · 1908
- Purdy v. UnderwoodOregon Supreme Court · 1918
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
12 more not listed; retrieve them via the Exa API.