Scott v. Smith
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. This is a suit to foreclose a mortgage on lots 39 and 40 of Sunnyside Fruit Farm No. 10, in Marion County, Oregon, by Chas. Scott, as assignee of the Oregon Land Company, an insolvent corporation, against D. M. Smith, Herma Smith, Virginia Watson, E. E. Barnett, Robert McGilchrist, Albert Smith, J. K. Smith, Cora Smith, Frank E. Smith, Lois Jory, J. N. Smith, and P. W. Raidabaugh.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. This is a suit to foreclose a mortgage on lots 39 and 40 of Sunnyside Fruit Farm No. 10, in Marion County, Oregon, by Chas. Scott, as assignee of the Oregon Land Company, an insolvent corporation, against D. M. Smith, Herma Smith, Virginia Watson, E. E. Barnett, Robert McGilchrist, Albert Smith, J. K. Smith, Cora Smith, Frank E. Smith, Lois Jory, J. N. Smith, and P. W. Raidabaugh. One- of the defendants seeks to have a prior mortgage reinstated and foreclosed, and another asks for the specific performance of a contract for…
1Opinion of the CourtJustice Bean
1. From the testimony of Robert G. Morrow, then acting as attorney and agent for defendant Virginia Watson, it appears to have been a custom, when a sale was made by the Oregon Land Company, for Mrs. Watson to execute a blank release of her mortgage thereon; this was done in many instances. A printed form of such release was prepared, which would be signed by Mrs. Watson, and then forwarded to Charles Scott, who would insert the description of the particular lot sold. At one time a release so executed was forwarded to Scott, who by some oversight failed to add the description of the property…
2Cases cited23 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Graham v. MerchantOregon Supreme Court · 1903
- Title Guarantee Co. v. WrennOregon Supreme Court · 1899
- Vawter v. CraftsSupreme Court of Minnesota · 1889
- Pearce v. BuellOregon Supreme Court · 1892
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Coquille Mill & Tug Co. v. Robert Dollar Co.Oregon Supreme Court · 1929
- Henry v. CampbellSupreme Court of Georgia · 1910
- Nealan v. RingOregon Supreme Court · 1919
- Comstock Mfg. Co. v. SchiffmannOregon Supreme Court · 1925
- Feehely v. RogersOregon Supreme Court · 1938
3 more not listed; retrieve them via the Exa API.