Anderson v. Phegley
Oregon Supreme Court
Statement by Mr. Justice McBride. This is a suit by T. K. Anderson and J. K. Anderson as administrators of the estate of N. A. Williamson, deceased, substituted for said deceased and Albert Phillip, against Grant Phegley and Emma G. Robinson and is brought to foreclose certain contracts held to constitute an equitable mortgage on mining property and ditches in Josephine County.
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Statement by Mr. Justice McBride. This is a suit by T. K. Anderson and J. K. Anderson as administrators of the estate of N. A. Williamson, deceased, substituted for said deceased and Albert Phillip, against Grant Phegley and Emma G. Robinson and is brought to foreclose certain contracts held to constitute an equitable mortgage on mining property and ditches in Josephine County. A decree foreclosing these liens was entered March 1, 1909. On the same day an execution was issued and the property advertised to be sold on April 1st. A notice of appeal was served on March 22nd, and an undertaking…
1Opinion of the CourtJustice McBride
1. Respondents concede that, if a sufficient notice of appeal was served and a proper undertaking filed, the order of confirmation is void. They challenge both the sufficiency of the notice and the undertaking. The notice, omitting the title of the court and the cause is as follows:
“Notice is hereby given that the defendant Emma G. Robinson appeals to the Supreme Court of the State of Oregon from all of the judgment and decree entered in the above-entitled court and cause, excepting those portions thereof whereby, this defendant, Emma G. Robinson *104is adjudged and decreed to have certain liens…
2Cases cited3 opinions
- Keady v. United Rys. Co.Oregon Supreme Court · 1910
- Yuen v. McMannCalifornia Supreme Court · 1893
- Mirick v. HillNew York Supreme Court · 1893
3Cited by6 opinions
- Harrelson v. Miller & Lux Inc.California Supreme Court · 1920
- In re VintonOregon Supreme Court · 1913
- Colvin v. WeigoldArizona Supreme Court · 1927
- Hansen v. RobbinsOregon Supreme Court · 1916
- Watts v. State Spiritualists' Ass'nOregon Supreme Court · 1910
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