George v. Nowlan
Oregon Supreme Court
From Clatsop: Thos. A. McBride, Judge. This is an original suit by Melvin C. George, J. P. Eckler, and W. E. Stewart against M. Nowlan and the sheriff of Clatsop County to impeach and set aside a decree in a suit to foreclose a mortgage, and to enjoin the delivery of a sheriff’s deed to a purchaser thereunder.
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From Clatsop: Thos. A. McBride, Judge. This is an original suit by Melvin C. George, J. P. Eckler, and W. E. Stewart against M. Nowlan and the sheriff of Clatsop County to impeach and set aside a decree in a suit to foreclose a mortgage, and to enjoin the delivery of a sheriff’s deed to a purchaser thereunder. The facts are that on March 14, 1890, one Oliver Stewart gave a mortgage to the defendant Nowlan on certain real property in Clatsop County to secure the payment of two- promissory notes, for $7,500 each, due September 14, 1890, and March 14, 1891, respectively. After the execution of…
1Opinion of the CourtChief Justice Bean
1. The only theory on which this suit can be maintained is that the decree in the suit of Nowlan v. Stewart is void, and that a sheriff’s deed upon a sale thereunder would cast *540a cloud upon the plaintiffs’ title. There is no allegation that there was any fraud in the procurement of the decree, or that the plaintiffs were deprived of the right to make a defense thereto' on account of fraud, inevitable accident, or excusable mistake on their part. Nor is there any showing of a meritorious defense, and so' the complaint does not state any special ground for equitable interference: Handley v.…
2Cases cited7 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Gum-Elastic Roofing Co. v. Mexico Publishing Co.Indiana Supreme Court · 1895
- Chase v. ChristiansonCalifornia Supreme Court · 1871
- Handley v. JacksonOregon Supreme Court · 1897
- Kansas & Arkansas Valley Railway Co. v. FitzhughSupreme Court of Arkansas · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Richardson v. KingSupreme Court of Iowa · 1912
- McFarlane v. CorneliusOregon Supreme Court · 1903
- Anderson v. GuentherOregon Supreme Court · 1933
- Ranch v. WerleyU.S. Circuit Court for the District of Oregon · 1907
- Miller v. ShuteOregon Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.