Legal Opinion

First National Bank v. Leonard

Oregon Supreme Court

Decided February 5, 1900PublishedCited by 3 opinions

From Josephine : H. K. Hanna, Judge. This is a suit by the First National Bank of Southern Oregon against Lawrence Leonard and wife to foreclose a mortgage executed by the defendants as husband and wife to secure the husband’s note for $3,000, which mortgage contains the following covenant: “And the said Lawrence Leonard and Mary Ellen Leonard, his wife, their heirs, executors, and administrators, doth covenant and agree to pay unto the said party of the second part, its…

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From Josephine : H. K. Hanna, Judge. This is a suit by the First National Bank of Southern Oregon against Lawrence Leonard and wife to foreclose a mortgage executed by the defendants as husband and wife to secure the husband’s note for $3,000, which mortgage contains the following covenant: “And the said Lawrence Leonard and Mary Ellen Leonard, his wife, their heirs, executors, and administrators, doth covenant and agree to pay unto the said party of the second part, its executors and administrators, or assigns, the sum as above mentioned.” The consideration of the note comprises a prior…

1Opinion of the Court

Mr. Chiee Justice Wolverton

after stating the facts, delivered the opinion of the court.

The sole question presented is whether the said covenant for the payment of the debt constitutes such an undertaking on the part of the wife that a personal decree may be entered against her, enforceable against her separate property. The question is one susceptible of solution under the statutory provisions touching the rights and authority of a married woman to contract, and her ensuing liabilities. Our statute makes the following provisions as.bearing upon the controversy, viz.: Sess. Laws, 1893, p. 170…

2Cases cited12 opinions

  1. Roche v. WareCalifornia Supreme Court · 1886
  2. Alexander v. BoutonCalifornia Supreme Court · 1880
  3. Marlow v. BarlewCalifornia Supreme Court · 1879
  4. King v. VoosOregon Supreme Court · 1886
  5. Goad v. MoultonCalifornia Supreme Court · 1885

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Meier & Frank Co. v. BruceIdaho Supreme Court · 1917
  2. Ellis v. AbbottOregon Supreme Court · 1914
  3. Booth's WillOregon Supreme Court · 1901

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