Knighton v. Chamberlin
Oregon Supreme Court
From Marion: "William Galloway, Judge. Department 2. Statement by Mr. Justice Moore. This is a suit by Leila Knighton against Joseph W. Chamberlin and Rose W. Chamberlin, his mother, L. 0. Herrold, and Epsie E. Herrold, his wife, to foreclose a mortgage on lots 11 and 12, in block 74, in North Salem Addition to Salem, Oregon, executed by Mr. Chamberlin to secure a promissory note which he and his mother gave June 21, 1913, to the plaintiff for $500, maturing in two years…
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From Marion: "William Galloway, Judge. Department 2. Statement by Mr. Justice Moore. This is a suit by Leila Knighton against Joseph W. Chamberlin and Rose W. Chamberlin, his mother, L. 0. Herrold, and Epsie E. Herrold, his wife, to foreclose a mortgage on lots 11 and 12, in block 74, in North Salem Addition to Salem, Oregon, executed by Mr. Chamberlin to secure a promissory note which he and his mother gave June 21, 1913, to the plaintiff for $500, maturing in two years with 8 per cent interest, payable semi-annually, and providing for the payment of a reasonable sum in addition as…
1Opinion of the CourtJustice Moore
The only question involved is whether Mr. Herrold, as a part of the consideration for an exchange of the property transferred, orally agreed to assume and pay the plaintiff’s mortgage. The testimony given at the trial shows that Mr. Chamberlin, who had for some time been engaged as an assistant in a surveyor’s office, where he had seen deeds prepared for signature and acknowledgment, had no previous experience in drawing such sealed instruments and personally wrote the conveyances which he executed to Mr. Herrold and to Miss Smith. In each instance he stated in the deed that the premises were…
2Cases cited1 opinion
- Hough v. PorterOregon Supreme Court · 1909
3Cited by8 opinions
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- McFarland v. MelsonSupreme Court of Missouri · 1929
- Siekman v. MolerIdaho Supreme Court · 1929
- Huson v. Portland & Southeastern Railway Co.Oregon Supreme Court · 1922
- Oregon & Western Colonization Co. v. StrangOregon Supreme Court · 1927
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