Smith v. Farmers & Merchants Nat. Bank
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Eakin. This is a suit to enjoin the sale upon execution of lot 3, in block 27, Hanson’s addition to East Portland, and the contention arises upon the following facts: On February 3,1886, C. J. Smith, the husband of plaintiff, and W. T. Jones, became indebted to the defendant bank in the state of Nebraska upon a promissory note in the sum of $2,000. About the year 1890 plaintiff and her husband moved to Oregon,…
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Eakin. This is a suit to enjoin the sale upon execution of lot 3, in block 27, Hanson’s addition to East Portland, and the contention arises upon the following facts: On February 3,1886, C. J. Smith, the husband of plaintiff, and W. T. Jones, became indebted to the defendant bank in the state of Nebraska upon a promissory note in the sum of $2,000. About the year 1890 plaintiff and her husband moved to Oregon, and on April 10, 1893, the defendant bank recovered judgment against C. J. Smith upon said note in the circuit court of…
1Opinion of the CourtJustice Eakin
1. Plaintiff, to maintain her right to the property, contends that she purchased it for herself, and paid the $100 cash payment thereon. In the reply she alleges that the “said money was her own personal money; that thereafter the said property was bought and paid for on the installment plan, by this plaintiff, at the rate of $15 per month; that plaintiff had remaining $500 of the money received and inherited from her deceased father’s estate, and paid the same on said property; that each and every one of the installments paid upon said property was the savings and earnings of this plaintiff…
2Cases cited19 opinions
- Snyder v. MartinWest Virginia Supreme Court · 1880
- Koons v. MellettIndiana Supreme Court · 1889
- Meier v. KellyOregon Supreme Court · 1892
- Dimmick v. RosenfeldOregon Supreme Court · 1898
- Greve v. Echo Oil CompanyCalifornia Court of Appeal · 1908
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Barnes v. SpencerOregon Supreme Court · 1915
- Phez Co. v. Salem Fruit UnionOregon Supreme Court · 1924
- Lane v. National Insurance AgencyOregon Supreme Court · 1934
- Thompson v. HendricksOregon Supreme Court · 1926
13 more not listed; retrieve them via the Exa API.