Leasure v. Forquer
Oregon Supreme Court
Appeal from Umatilla: Morton D. Clifford, Judge. This is a suit to foreclose a mortgage, and to have the land therein described sold to satisfy the same.
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Appeal from Umatilla: Morton D. Clifford, Judge. This is a suit to foreclose a mortgage, and to have the land therein described sold to satisfy the same. The allegations of the complaint are in substance: That on or about the fifth day of June, eighteen hundred and ninety-three, the defendant William Forquer, for value, made, executed, and delivered to plaintiffs his promissory note for the sum of five hundred dollars, payable five months after date in United States gold coin, with interest from date at the rate of ten per cent, per annum, and providing for the payment of a reasonable…
1Per curiam
1. It will be seen from the complaint that the said note was executed by Forquer -June fifth, eighteen hundred and ninety-three, and it will be presumed for the purposes of the demurrer that the debt accrued upon that date and not prior thereto. The deed of which plaintiffs complain was executed long prior thereto, about January eighteenth, eighteen hundred and ninety-three, and was placed of record the same day, which gave them at least constructive notice thereof, so that at the time of the execution of the deed, plaintiffs were not creditors of Forquer. Hence it could not be true that the…
2Cases cited4 opinions
- Van Weel v. WinstonSupreme Court of the United States · 1885
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Wood v. . AmoryNew York Court of Appeals · 1887
- Rowland v. ColemanSupreme Court of Georgia · 1872
3Cited by11 opinions
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
- Ayers v. WolcottNebraska Supreme Court · 1902
- Benson v. JohnsonOregon Supreme Court · 1917
- Smith v. EdwardsUtah Supreme Court · 1932
- Coston v. Portland Trust Co.Oregon Supreme Court · 1929
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