Bank of Commerce v. Ryan

The note, mortgage and parties now before us are the same as those in Bank of Commerce of Oregon City v. Ryan, 152 Or. 614 (52 P. (2d) 1139). This is a continuation of that controversy. By referring to that decision it will be observed that the suit was begun by a complaint which alleged separately three causes: (a) A cause of suit based upon a note and mortgage executed by the estate of Thomas F. Ryan, deceased. It averred defaults and prayed for judgment on the note and a foreclosure of the mortgage against all of the defendants, (b) A cause of suit affecting only the three defendants who…