Manley v. Smith
Oregon Supreme Court
From Multnomah: Calvin XL Gantenbein, Judge. Department 1. The plaintiff, Manley, brought this suit to foreclose a mortgage executed by Milton W. Smith, Alice Smith, his wife, and Thad Sweek, to secure a note signed by the Smiths and Alex Sweek.
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From Multnomah: Calvin XL Gantenbein, Judge. Department 1. The plaintiff, Manley, brought this suit to foreclose a mortgage executed by Milton W. Smith, Alice Smith, his wife, and Thad Sweek, to secure a note signed by the Smiths and Alex Sweek. The mortgage contained a covenant in these terms: “And the said parties of the first part (the mortgagors) for their heirs, executors and administrators, do covenant and agree to pay to said party of the second part, his executors, administrators or assigns the said sum of money as above mentioned. ’ ’ The only defendant answering is Thad Sweek, one…
1Opinion of the CourtBurnett, J.
Mrs. Smith, is a sister of the Sweets. According to the testimony, she and her husband were indebted to Manley in the sum of $1,400 for money loaned to them on their note given previous to the one in suit. Her husband was declared a bankrupt and about that time Manley began an action on the note he then held and attached real property of Mrs. Smith sufficient to satisfy Ms claim. At this juncture Alex Sweek approached Manley with a view to securing the claim, obtaining an extension of time and releasing the attachment. It seems that Mrs. Smith had one lot and that Thad Sweek had another lot…
2Cases cited26 opinions
- Spitze v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1892
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by6 opinions
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
- Mayer v. BassettOregon Supreme Court · 1972
- Teachers' Retirement Fund Ass'n v. PirieOregon Supreme Court · 1934
- Morgan v. NiswongerOregon Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.