Kreinbring v. Mathews
Oregon Supreme Court
From Columbia: James A. Eakin, Judge. Department 1. Statement by Mr. Justice McBride. This is a suit by Frank H. Kreinbring against L. P. Mathews and Bess Mathews, his wife, to foreclose a purchase money mortgage upon the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of section 25, township 6 north, range 5 west, Willamette Meridian, in Columbia County.
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From Columbia: James A. Eakin, Judge. Department 1. Statement by Mr. Justice McBride. This is a suit by Frank H. Kreinbring against L. P. Mathews and Bess Mathews, his wife, to foreclose a purchase money mortgage upon the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter of section 25, township 6 north, range 5 west, Willamette Meridian, in Columbia County. The answer admitted the making of the mortgage, but set up as an affirmative defense that on July 14, 1910, plaintiff falsely represented to defendants that he was the owner of the land described…
1Opinion of the CourtJustice McBride
1. It is argued by plaintiff that the defendant’s answer presents a counterclaim for unliquidated damages and nothing more, and that, such being the case, it cannot be successfully urged in this proceeding; but it is more than a mere counterclaim. It is pleaded not only as such, but also as an equitable defense. By it defendants say:
“It is true we gave this mortgage, but the consideration of the mortgage was falsely represented to be a tract of unencumbered land. We now find that there is upon it an encumbrance which diminishes its represented value to the extent of more than the amount of…
2Cases cited10 opinions
- Johnson v. ElmenTexas Supreme Court · 1900
- Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
- Shell v. DuncanSupreme Court of South Carolina · 1889
- Adams v. ReedUtah Supreme Court · 1895
- Cathcart v. BowmanSupreme Court of Pennsylvania · 1847
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Coquille Mill & Tug Co. v. Robert Dollar Co.Oregon Supreme Court · 1929
- Milton v. HareOregon Supreme Court · 1929
- Pearson v. RichardsOregon Supreme Court · 1922
- Hanna v. HopeOregon Supreme Court · 1917
- Gabel v. ArmstrongOregon Supreme Court · 1918
15 more not listed; retrieve them via the Exa API.