Equitable Savings & Loan Ass'n v. Hewitt
Oregon Supreme Court
From Multnomah: Thomas O’Day, Judge. Statement by Me. Justice Slatee. This is a suit by the Equitable Savings & Loan Association against John D. Hewitt and others. On September 13, 1907, this suit was begun to foreclose a mortgage on lot 5, block 9, of John Irving’s First addition to East Portland, now in the city of Portland.
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From Multnomah: Thomas O’Day, Judge. Statement by Me. Justice Slatee. This is a suit by the Equitable Savings & Loan Association against John D. Hewitt and others. On September 13, 1907, this suit was begun to foreclose a mortgage on lot 5, block 9, of John Irving’s First addition to East Portland, now in the city of Portland. The mortgage was executed by defendants John D. Hewitt and wife to secure the payment of their note, of the same date, in plaintiff’s favor, for the principal sum of $3,962.40, payable in 120 equal monthly installments of $33.02 each, on the 20th of each and every…
1Opinion of the CourtJustice Slater
1. The first question presented for consideration relates to the sufficiency of the complaint in respect to the averments thereof intended to show the existence and validity of the several liens. The complaint contains no averment of default in the payment of the monthly installments then due upon the note, but expressly states that such payments were made up to and including August 20, 1907. As the suit was commenced on September 13th, before the next installment became due, plaintiff must rely upon the placing of a valid lien upon the property by another and the payment thereof by it, not…
2Cases cited10 opinions
- Pilz v. KillingsworthOregon Supreme Court · 1891
- Cooper Manufacturing Co. v. DelahuntOregon Supreme Court · 1900
- Coffey v. SmithOregon Supreme Court · 1908
- Nicolai v. Van FridaghOregon Supreme Court · 1892
- Price v. DoyleSupreme Court of Minnesota · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pearson v. RichardsOregon Supreme Court · 1922
- Duby v. HicksOregon Supreme Court · 1922
- Bartels v. McCulloughOregon Supreme Court · 1921
- Johnson v. AlmOregon Supreme Court · 1927
- Paulson v. HurlburtOregon Supreme Court · 1919
8 more not listed; retrieve them via the Exa API.