Fowle v. House
Oregon Supreme Court
Appeal from Polk: Geo. H. Burnett, Judge. This is a suit by Hanford Fowle to enforce a mortgage on the dower interest of the defendant Temperence House in the lands of her deceased husband, the plaintiff having been subrogated to the rights of the mortgagor by decree of this court: House v. Fowle, 22 Or. 303 (29 Pac. 890). A demurrer to the complaint because it did not state facts sufficient to constitute a cause of suit was sustained by the court below, and, plaintiff…
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Appeal from Polk: Geo. H. Burnett, Judge. This is a suit by Hanford Fowle to enforce a mortgage on the dower interest of the defendant Temperence House in the lands of her deceased husband, the plaintiff having been subrogated to the rights of the mortgagor by decree of this court: House v. Fowle, 22 Or. 303 (29 Pac. 890). A demurrer to the complaint because it did not state facts sufficient to constitute a cause of suit was sustained by the court below, and, plaintiff refusing to amend or plead further, the suit was dismissed, and hence this appeal. No appearance was made or brief filed for…
1Per curiam
It seems to us the complaint is clearly insufficient. By the said decree of this court it was determined that the plaintiff is entitled to a lien upon the dower interest of the defendant in the mortgaged premises for its proportionate share of the amount due on the mortgage October first, eighteen hundred and eighty-seven, together with interest thereon from that date at the rate of ten per cent, per annum, and this suit is brought to enforce the lien; but no facts whatever are averred in the complaint by which the portion of the mortgage debt properly chargeable to the defendant’s dower…
2Cited by3 opinions
- State v. RichardsonOregon Supreme Court · 1906
- Fowle v. HouseOregon Supreme Court · 1897
- Hutchings v. Royal BakeryOregon Supreme Court · 1913