German Savings Society v. Kern
Oregon Supreme Court
From Mutnomab: Arthur L. Frazer, Judge. This is an action by the German Savings & Loan Society against Sarah M. Kern and the Fidelity & Deposit Co. of Maryland on an undertaking upon appeal. On May 6, 1898, the plaintiff obtained a decree against the defendants Kern in the circuit court of Multnomah County, foreclosing a mortgage on real property.
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From Mutnomab: Arthur L. Frazer, Judge. This is an action by the German Savings & Loan Society against Sarah M. Kern and the Fidelity & Deposit Co. of Maryland on an undertaking upon appeal. On May 6, 1898, the plaintiff obtained a decree against the defendants Kern in the circuit court of Multnomah County, foreclosing a mortgage on real property. On June 17th the mortgaged premises were sold to it under an execution issued upon the decree, and the sale was confirmed on the 12th of July. The defendants Kern, however, remained in possession of the premises. On September 6th they appealed from…
1Opinion of the CourtJustice Bean
1. By Section 307, Hill’s Ann. Laws, a purchaser of real property-sold under an execution on a judgment or decree is entitled to the possession thereof from the day of sale until a resale or redemption,.unless it is in possession of a tenant holding under an unexpired lease, in which case he is entitled to receive from the tenant the rents, or the value of the use and occupation thereof, during the same period: United States Mort. Co. v. Willis, 41 Or. 481 (69 Pac. 266). But the question for decision here is whether, in case such purchaser has not gone into possession prior to the giving of a…
2Cases cited6 opinions
- Bacon v. GreenSupreme Court of Florida · 1895
- Aiken v. AikenOregon Supreme Court · 1885
- Gerald v. GeraldSupreme Court of South Carolina · 1889
- Hald v. DayOregon Supreme Court · 1899
- United States Mortgage Co. v. WillisOregon Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Pillsbury v. McGarryOregon Supreme Court · 1914
- Equitable Life Assurance Society of United States v. BootheOregon Supreme Court · 1941