Security Savings Bank v. Smith
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Suit by the Security Savings Bank against Susie W. Smith and others to foreclose a mortgage. Defendants appeal.
1Opinion of the CourtJustice Wolverton
This is a suit to foreclose a mortgage purporting to have been executed by Preston C. Smith and Susie W. Smith, his wife. The husband having died, the widow was appointed administratrix of his estate. Both the note and mortgage were executed October i, 1892, by the husband on behalf of the wife, by virtue of a power of attorney executed September 13,1892, while she was in Madison County, Alabama. The defense is that the power of attorney is inadequate to the purpose of authorizing the husband to execute these instruments in behalf of his wife. The question is one of much difficulty, because…
2Cases cited10 opinions
- Hemstreet v. BurdickIllinois Supreme Court · 1878
- Coulter v. Portland Trust Co.Oregon Supreme Court · 1891
- Gilbert v. HowSupreme Court of Minnesota · 1890
- Rountree v. DensonWisconsin Supreme Court · 1884
- Wronkow v. . OakleyNew York Court of Appeals · 1892
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3Cited by4 opinions
- Malaguti v. RosenMassachusetts Supreme Judicial Court · 1928
- Brown v. LairdOregon Supreme Court · 1930
- Wade v. NorthupOregon Supreme Court · 1914
- Culbreath v. Guiterman, Rosenfield & Co.Supreme Court of Alabama · 1927