Kern v. Hotaling
Oregon Supreme Court
Appeal from Multnomah: Loyal B. Stearns, Judge. This case arises out of the following state of facts: During the summer of eighteen hundred and ninety, the plaintiff J. W. Kern negotiated with Frank Sperling, who was then the agent of the New York Life Insurance Company, for insurance on his life to the amount of fifty thousand dollars.
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Appeal from Multnomah: Loyal B. Stearns, Judge. This case arises out of the following state of facts: During the summer of eighteen hundred and ninety, the plaintiff J. W. Kern negotiated with Frank Sperling, who was then the agent of the New York Life Insurance Company, for insurance on his life to the amount of fifty thousand dollars. Plaintiff at the same time sold to Sperling block eighteen in Waverly Tract in Multnomah County, in consideration of the first payment of premium on said insurance, amounting to two thousand six hundred and sixty-five dollars, and a sum additional thereto of…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. There is no essential dispute as to the facts in the case and the only question is as to whether, under this statement, the plaintiff is entitled to the relief demanded. “When a new mortgage is substituted in ignorance of an intervening lien, the mortgage released through mistake may be restored in equity, and given its original priority as alien”: Jones on Mortgages, §971. This is the doctrine of many cases. In Young v. Shaner, 73 Iowa, 555, (35 N. W. 629,) the defendants John H. Shaner and Sarah B. Shaner were the owers in common of a parcel of land which…
2Cases cited10 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Pearce v. BuellOregon Supreme Court · 1892
- Cobb v. DyerSupreme Judicial Court of Maine · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Brandrup v. Recontrust Co., N.A.Oregon Supreme Court · 2013
- Fed. Land Bk. of Columbia v. GodwinSupreme Court of Florida · 1931
- Title Guarantee Co. v. WrennOregon Supreme Court · 1899
- Mills v. MillsCalifornia Court of Appeal · 1956
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
13 more not listed; retrieve them via the Exa API.