Tinsley v. Lombard
Oregon Supreme Court
From Wallowa: Kobert Eakin, Judge. Statement by Mr. Justice Wolverton. This is a suit by F. P. Tinsley against B. M. Lombard and others to foreclose a mortgage. The mortgagors suffered default, and only Lombard defended.
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From Wallowa: Kobert Eakin, Judge. Statement by Mr. Justice Wolverton. This is a suit by F. P. Tinsley against B. M. Lombard and others to foreclose a mortgage. The mortgagors suffered default, and only Lombard defended. J. C. McAllister and wife gave a mortgage to the Lombard Investment Company, providing, among other things, that the mortgagors should pay the taxes on the mortgaged premises, but if not so paid, then that the mortgagee might pay the same and add the amount thereof to the mortgage debt. Subsequently the mortgage and the obligations which it was given to secure were duly…
1Opinion of the CourtJustice Wolverton
■ The question involved is whether the plaintiff is in a position to set up the statute of limitations as a bar to defendant’s foreclosures. The defendant is not controverting any right that plaintiff is seeking- to maintain, but is aiming only to have his *11mortgages foreclosed in the same suit with the plaintiff’s, completely subordinating his alleged hens upon the premises described in plaintiff’s mortgage, and his rights thereunder, to those of the plaintiff. So that, as to the right of priority of liens, whether for the principal sums or for interest, or for taxes paid, there is absolutely…
2Cases cited8 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Sanger v. NightingaleSupreme Court of the United States · 1887
- Hanchett v. BlairCourt of Appeals for the Ninth Circuit · 1900
- Coster v. SchneiderCalifornia Supreme Court · 1863
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3Cited by3 opinions
- Boys Town, U.S.A., Inc., a Nevada Corporation v. The World Church, a California Corporation, Jackson Appliance, Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1965
- Peterson v. DayOregon Supreme Court · 1978
- Sleeper v. ElliottNorth Dakota Supreme Court · 1916