Lassas v. McCarty
Oregon Supreme Court
From Baker: Robert EakiN, Judge. Statement by Mr. Justice Moore. This is a suit by George Lassas against Lettie McCarty to foreclose a mortgage.
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From Baker: Robert EakiN, Judge. Statement by Mr. Justice Moore. This is a suit by George Lassas against Lettie McCarty to foreclose a mortgage. The complaint states that the defendant, on November 21, 1900, gave to one G. L. Webb her- promissory note for the sum of $1,500, payable in one year, with interest thereon at the rate of 8 per cent per annum, and to secure the payment thereof she at the same time executed to him a mortgage of certain real property in Baker County, which mortgage was duly recorded. Various assignments of the note and mortgage are set out, and it is alleged that on…
1Opinion of the CourtJustice Moore
1. In support of the conclusion reached by the trial •court, it is contended by defendant’s counsel that as the pretended assignments of the mortgage were not evidenced by written instruments, signed, sealed, witnessed, acknowledged, delivered and recorded, the plaintiff failed to show a right to maintain the suit, and hence the decree should be affirmed. It will be remembered that the *477answer denies that the note and mortgage were assigned to plaintiff. The testimony shows that the note was assigned in blank by Webb, the payee, but that the persons who severally owned the mortgage as an…
2Cases cited11 opinions
- Bedell v. HerringCalifornia Supreme Court · 1888
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Fiore v. LaddOregon Supreme Court · 1896
- Chamberlain v. HibbardOregon Supreme Court · 1894
- Hopwood v. PattersonOregon Supreme Court · 1862
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Highway Commission v. KendrickOregon Supreme Court · 1961
- Woodward Iron Co. v. SpencerSupreme Court of Alabama · 1915
- Interstate Bankers Corp. v. KennedyDistrict of Columbia Court of Appeals · 1943
- Peters v. Queen City Ins.Oregon Supreme Court · 1912
- State v. DyerCourt of Appeals of Oregon · 1973
7 more not listed; retrieve them via the Exa API.