Barrell v. Title Guarantee Co.
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by Colburn Barrell against the Title Guarantee and Trust Company to recover two and three eighths acres of land situate in Multnomah County, Oregon. The complaint contains the usual allegations.
Read the full summary
Appeal from Multnomah: E. D. Shattuck, Judge. This is an action by Colburn Barrell against the Title Guarantee and Trust Company to recover two and three eighths acres of land situate in Multnomah County, Oregon. The complaint contains the usual allegations. The answer, after a specific denial of the material allegations of the complaint, sets forth four further and separate defenses thereto, in the first of which it is alleged that the title in fee and right of possession of the premises in dispute are in the defendant. The fourth shows the following state of facts, to wit: On the…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
*80The second further and separate defense is not material for the present consideration, but from it, in connection with the fourth, we are enabled to trace the history of the title in dispute. It appears that on and prior to December fourth, eighteen hundred and seventy-nine, the plaintiff and Aurelia J. Barrell were the owners in fee of the premises, but had executed to W. S. Ladd a mortgage thereon, and upon that date Ladd commenced foreclosure proceedings against the Barrels, which ripened into a decree March twenty-second, eighteen hundred and eighty. A sale…
2Cases cited28 opinions
- Dawley v. . BrownNew York Court of Appeals · 1880
- Satterlee v. BlissCalifornia Supreme Court · 1869
- Moore v. GreeneSupreme Court of the United States · 1856
- Caperton v. SchmidtCalifornia Supreme Court · 1864
- Marshall v. ShafterCalifornia Supreme Court · 1867
23 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hoover v. KingOregon Supreme Court · 1903
- Moores v. MooresOregon Supreme Court · 1899
- Neal v. DavisOregon Supreme Court · 1909
- Cooper v. BlairOregon Supreme Court · 1907
- Bessler v. Powder River Gold Dredging Co.Oregon Supreme Court · 1918
9 more not listed; retrieve them via the Exa API.