Taylor v. Buckner
Oregon Supreme Court
From Jefferson: T. E. J. Duffy, Judge. Department 1. Crosby Taylor, being the owner of a note and mortgage signed by W. C. Buckner and His wife, Mary Buckner, brought this suit against the Buckners to foreclose the mortgage. There was a decree for the plaintiff and the defendants appealed. The principal questions for decision arise out of an alleged counterclaim pleaded by the Buckners. John S. Dillon deeded a tract of land to W. C. Buckner.
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From Jefferson: T. E. J. Duffy, Judge. Department 1. Crosby Taylor, being the owner of a note and mortgage signed by W. C. Buckner and His wife, Mary Buckner, brought this suit against the Buckners to foreclose the mortgage. There was a decree for the plaintiff and the defendants appealed. The principal questions for decision arise out of an alleged counterclaim pleaded by the Buckners. John S. Dillon deeded a tract of land to W. C. Buckner. On November 18, 1916, the date of the conveyance, W. C. Buckner paid $1,000 to Dillon and for the remainder of the purchase price Buckner and wife gave…
1Opinion of the CourtHarris, J.
The question for decision is whether the defendants can rely upon the judgment against Dillon as a counterclaim to the note in the hands of Taylor.
Recapitulating the happenings in their chronological order they were as follows: On November 18, 1916, Dillon conveyed a tract of land to W. C. Buckner, and the latter, together with his wife, gave a note and mortgage to Dillon. The interest which became due on the note on November 18, 1917, was not paid. On December 6, 1917, "W. C. Buckner commenced an action at law against Dillon for damages because of the failure of Dillon to oust Yan Noy. On…
2Cases cited19 opinions
- Williams v. WilsonOregon Supreme Court · 1902
- Hanna v. HopeOregon Supreme Court · 1917
- Le Clare v. ThibaultOregon Supreme Court · 1902
- Gabel v. ArmstrongOregon Supreme Court · 1918
- Ryckman v. ManerudOregon Supreme Court · 1913
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3Cited by2 opinions
- Woods v. LockeIdaho Supreme Court · 1930
- Hattrem v. BurdickOregon Supreme Court · 1932