Handley v. Jackson
Oregon Supreme Court
From Yamhill: Henry H. Hewitt, Judge. Charles Handley seeks to restrain the sale of certain real property of his situate in Yamhill County, about to be sold under and by virtue of an execution issued out of the Circuit Court of the State of Oregon for Washington County upon a judgment therein given and rendered in an action at law in favor of the defendant Ellen L. Jackson and against plaintiff and one T. B. Handley.
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From Yamhill: Henry H. Hewitt, Judge. Charles Handley seeks to restrain the sale of certain real property of his situate in Yamhill County, about to be sold under and by virtue of an execution issued out of the Circuit Court of the State of Oregon for Washington County upon a judgment therein given and rendered in an action at law in favor of the defendant Ellen L. Jackson and against plaintiff and one T. B. Handley. The action was upon a joint and several promissory note executed by the said Charles and T. B. Handley to W. R. Jackson, who indorsed the same to Ellen L. Jackson, the- defendant…
1Opinion
*560On Rehearing.
2Opinion of the CourtJustice Wolverton
6. Since filing the opinion in this case the defendants filed a motion for rehearing based upon a question alluded to in the argument of counsel, but not discussed in the briefs, and it is now insisted that it is vital, and ought to be settled. It is claimed that the judgment in the case of Jackson against T. B. and Charles Handley is res ad judicata, and binding upon Charles Handley, even though he did not appear in the action, because the payments which it is alleged discharged the obligation were made by T. B. Handley; that is to say, that Charles Handley, by claiming the…
3Cases cited3 opinions
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1887
- Coleman v. HuntWisconsin Supreme Court · 1890
- Smith v. BallantyneNew York Court of Chancery · 1843