Legal Opinion

Irwin v. Washington Loan Assoc.

Oregon Supreme Court

Decided April 4, 1904Published

From Marion: Reuben P. Boise, Judge. Suit by W. J. Irwin against the Washington National Building, Loan & Investment Association, resulting in a decree from which defendant appealed.

1Opinion of the CourtChief Justice Moore

This is a second appeal from a decree cancelling a mortgage upon the payment of the sum found due thereon. In the former opinion, Mr. Justice"Bean, speaking for the court, says: “ It follows from these views that all payments made by Rotan prior to his sale to the plaintiff must be applied as intended by him and the defendant company, but that all payments made thereafter by the plaintiff as interest in excess of the agreed rate will be applied to the discharge of the principal, and a decree will be entered here accordingly, if it can be done under the record; if not, the cause will be…

2Cases cited1 opinion

  1. Irwin v. Washington Loan Ass'nOregon Supreme Court · 1903

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