Caro v. Wollenberg
Oregon Supreme Court
From Douglas: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Burnett. This is a second appeal in a suit to compel a mortgagee in possession to account for the net income accruing from real property pledged for a debt and to allow the plaintiffs to redeem the same upon payment of what might be found due to the defendant.
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From Douglas: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Burnett. This is a second appeal in a suit to compel a mortgagee in possession to account for the net income accruing from real property pledged for a debt and to allow the plaintiffs to redeem the same upon payment of what might be found due to the defendant. The instrument alleged to be a mortgage was in the form of a deed absolute upon its face, but was coupled with an agreement allowing the grantors to redeem the realty within a specified time upon the payment of a debt of $16,500 principal and interest thereon…
1Opinion of the CourtJustice Burnett
1. The testimony on the accounting was taken November 27,1914, and seems to have covered the contro*316versy to December 1st of that year. In this court the plaintiffs challenge the amount demanded by the defendant for his personal services in the management of the property while in his possession; the charge made for vaults erected in the building; the rate of interest allowed by the court in its computations; and some items for plumbing bills. While the mortgagee is in possession of mortgaged realty his attentions to the matter are in his own interest, and he cannot collect pay for services…
2Cases cited34 opinions
- Gresham v. WareSupreme Court of Alabama · 1885
- Raynor v. DrewCalifornia Supreme Court · 1887
- Thompson v. MarshallOregon Supreme Court · 1891
- Horn v. Indianapolis National BankIndiana Supreme Court · 1890
- Turner v. JohnsonSupreme Court of Missouri · 1888
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3Cited by15 opinions
- Campbell v. OHIO NATIONAL LIFE INSURANCE CO.Nebraska Supreme Court · 1956
- Crumbley v. CrumbleyOregon Supreme Court · 1920
- Backus v. WestOregon Supreme Court · 1922
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
- Hawkins v. RodgersOregon Supreme Court · 1919
10 more not listed; retrieve them via the Exa API.