Wright v. Conservative Invest. Co.
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Commissioner Slater. Plaintiff sues as trustee of C. Meng to foreclose a mortgage on certain real .property in Douglas County given by defendants, the Conservative Gold Mining Investment Co. and the Jordan Creek Mining & Water Power Co., to appellant, designated therein as “trustee,” to secure their promissory note to the same effect, dated May 20, 1903, which provides for the payment of a reasonable attorney’s fee for…
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Commissioner Slater. Plaintiff sues as trustee of C. Meng to foreclose a mortgage on certain real .property in Douglas County given by defendants, the Conservative Gold Mining Investment Co. and the Jordan Creek Mining & Water Power Co., to appellant, designated therein as “trustee,” to secure their promissory note to the same effect, dated May 20, 1903, which provides for the payment of a reasonable attorney’s fee for the collection thereof. A. Rowley and Isabella Rowley are also parties defendant. In addition to the usual allegations,…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. This is a suit by a trustee of an express trust to foreclose a mortgage made in her name for the benefit of others, and by the provisions of Section 29, B. & C. Comp., she can maintain the suit without joining the persons for whose benefit the suit is prosecuted: Holladay v. Davis, 5 Or. 40; Considerant v. Brisbane, 22 N. Y. 389. The object of the suit is to reduce to the possession of the trustee the subject-matter of the trust so as to enable her to make thereafter an accounting with the beneficiary ■or beneficiaries of the trust, and it in no -way…
2Cases cited7 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Neddo v. NeddoSupreme Court of Kansas · 1896
- Fiore v. LaddOregon Supreme Court · 1896
- Dexter Horton & Co. v. LongWashington Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Highway Commission v. KendrickOregon Supreme Court · 1961
- Waymire v. ShipleyOregon Supreme Court · 1908
- Simon v. TrummerOregon Supreme Court · 1910
- Tillamook County v. JohnsonOregon Supreme Court · 1920
- Officer v. CummingsOregon Supreme Court · 1928
7 more not listed; retrieve them via the Exa API.