Flint v. Phipps
Oregon Supreme Court
Douglas county: R. S. Bean, Judge. Defendants appeal. This is an appeal from an order confirming a sheriff’s sale made upon a decree of foreclosure; also from an order allowing the execution upon which such sale was made to be amended. On the 2d day of July, 1888, a final decree of foreclosure was entered in this court in said cause for the sum of §13,045 and interest, and §250 attorney’s fees, and for costs and disbursements.
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Douglas county: R. S. Bean, Judge. Defendants appeal. This is an appeal from an order confirming a sheriff’s sale made upon a decree of foreclosure; also from an order allowing the execution upon which such sale was made to be amended. On the 2d day of July, 1888, a final decree of foreclosure was entered in this court in said cause for the sum of §13,045 and interest, and §250 attorney’s fees, and for costs and disbursements. The mandate was duly filed and entered in the court below on the 10th day of October, 1888. On the 15th day of October, 1888, an execution was issued to enforce said…
1Opinion of the CourtStrajian, C. J.
— The first question presented by the record is the sufficiency of the execution upon which the sale was made. It appears that there had been a previous sale of all the lands described in the decree, and that the tracts of land described in this writ had been redeemed by the judgment debtor; but the writ fails to follow the decree in every essential particular except the names of the parties. The power of amendment is conceded, and in most cases should be exercised to support a title acquired at such sale; but it is still a power which must be exercised cautiously and in view of the facts of…
2Cases cited4 opinions
- Hervey v. KrostIndiana Supreme Court · 1888
- Clayton v. EllisSupreme Court of Iowa · 1879
- Teabout v. Jaffray & Co.Supreme Court of Iowa · 1888
- McKee v. LoganSupreme Court of Missouri · 1884
3Cited by6 opinions
- Oliver v. BurgOregon Supreme Court · 1936
- Tracy & Baker v. City of AstoriaOregon Supreme Court · 1951
- Miller v. AchurchOregon Supreme Court · 1908
- Mason v. BennettDistrict Court, D. Alaska · 1892
- Bean v. IngrahamSupreme Judicial Court of Maine · 1931
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