Barringer v. Loder
Oregon Supreme Court
From Clackamas: Thomas A. McBride, Judge. Mortgage foreclosure by Margaret Barringer against John W. Loder and others. The facts appear in the opinion, except that plaintiff was given a judgment against the defendants W. B. & A. M. Hayden on their note and. a decree foreclosing the mortgage given to secure its payment, the effect of which was to oblige the Haydens to pay the note twice, it having been supposedly paid to Loder, who claimed to own it, but did not have it in…
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From Clackamas: Thomas A. McBride, Judge. Mortgage foreclosure by Margaret Barringer against John W. Loder and others. The facts appear in the opinion, except that plaintiff was given a judgment against the defendants W. B. & A. M. Hayden on their note and. a decree foreclosing the mortgage given to secure its payment, the effect of which was to oblige the Haydens to pay the note twice, it having been supposedly paid to Loder, who claimed to own it, but did not have it in his possession. The Haydens appeal, but Mrs. Barringer did not appeal from that part of the decree subordinating her…
1Opinion of the CourtChief Justice Wolverton
This is a mortgage foreclosure. A decree having been rendered favorable to plaintiff, the defendants Hayden appeal.
On January 25, 1901, W. B. Hayden purchased for the consideration of $1,600, from William Barringer, certain realty situate in Clackamas County, and a deed was duly executed and delivered. Six hundred dollars of the purchase price was paid down, and for the balance of $1,000 Hayden and his wife executed and delivered to Barringer their joint and several promissory note, payable to his order three years after date, and executed and delivered to Barringer their mortgage upon the…
2Cases cited3 opinions
- Bamberger v. GeiserOregon Supreme Court · 1893
- Roberts v. SutherlinOregon Supreme Court · 1872
- King Real Estate Ass'n v. City of PortlandOregon Supreme Court · 1892
3Cited by20 opinions
- Brandrup v. Recontrust Co., N.A.Oregon Supreme Court · 2013
- Schleef v. PurdyOregon Supreme Court · 1923
- Niday v. GMAC Mortgage, LLCOregon Supreme Court · 2013
- Stoppenback v. Multnomah CountyOregon Supreme Court · 1914
- United States Nat. Bank v. HoltonOregon Supreme Court · 1921
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