Watson v. Buckler
Oregon Supreme Court
From Multnomah: Hartwell Hurley, Judge. This action was brought to recover possession of a stock of merchandise mortgaged by defendants to plaintiff. It is claimed that defendants have been guilty of a breach, of the mortgage conditions, and for that reason plaintiff was, at the commencement of the action, entitled to possession of the stock.
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From Multnomah: Hartwell Hurley, Judge. This action was brought to recover possession of a stock of merchandise mortgaged by defendants to plaintiff. It is claimed that defendants have been guilty of a breach, of the mortgage conditions, and for that reason plaintiff was, at the commencement of the action, entitled to possession of the stock. The action was first tried in the county court, and, on being appealed to the circuit court, a trial was there had without the intervention of a jury. By the terms of the mortgage the defendants were to remain in possession, but it was conditioned that…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The plaintiff contends that the judgment is not supported by the findings of fact; that it is found in effect that the creditors of the defendants had attached the property prior to the commencement of the action; that thereby the defendants had suffered a breach of one of the mortgage conditions, by reason whereof the plaintiff became and was entitled *238to possession; and that the conclusions of law are erroneous deductions from the facts found, heneo the judgment is without the requisite support. It is clear that until the mortgagors have suffered a breach…
2Cases cited6 opinions
- Dixon v. DukeIndiana Supreme Court · 1882
- Kimball v. LohmasCalifornia Supreme Court · 1866
- Figg v. MayoCalifornia Supreme Court · 1870
- Myers v. MoultonCalifornia Supreme Court · 1886
- Woodward v. DavisIndiana Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Thomas v. FoglioOregon Supreme Court · 1962