Miles v. Hemenway
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Moore. This is a suit by S. W. Miles against V. Hemenway to determine an adverse interest in real estate.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Moore. This is a suit by S. W. Miles against V. Hemenway to determine an adverse interest in real estate. A written contract was entered into whereby the defendant, V. Hemenway, stipulated to sell and convey to the plaintiff, S. W. Miles, a farm of 160 acres in Lane County, for $4,800, on account of which sum $1,000 was paid, the remainder of the consideration being evidenced by negotiable promissory notes, executed October 1, 1907, three for $1,000 each and one for $800, maturing in 2, 3, 4, and 5 years respectively,, with…
1Opinion of the Court
*324Opinion by
Mr. Chief Justice Moore.
1. It is contended that the supplemental agreement and the quitclaim deed were executed and accepted as additional security for the payment of the sums of money maturing October 1, 1909, and such being the case, plaintiff’s equity in the land could not be defeated by a declaration of forfeiture, nor terminated in any other manner than by a decree of foreclosure rendered by a court of equity in a suit instituted for that purpose. Assuming without deciding that the parties could impart to the transaction, which culminated in the making of the second agreement…
2Cases cited16 opinions
- Button v. SchroyerWisconsin Supreme Court · 1856
- Flanagan Estate v. Great Cent. Land Co.Oregon Supreme Court · 1904
- Sievers v. BrownOregon Supreme Court · 1899
- Higinbotham v. FrockOregon Supreme Court · 1906
- Security Savings Co. v. MackenzieOregon Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mitchell v. HughesOregon Supreme Court · 1916
- Gray v. PeltonOregon Supreme Court · 1913
- Blondell v. BeamOregon Supreme Court · 1966
- Caro v. WollenbergOregon Supreme Court · 1913
- Brown v. JurczakIllinois Supreme Court · 1947
18 more not listed; retrieve them via the Exa API.