Larch Mountain Invest. Co. v. Garbade
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. This is a suit by the Larch Mountain Investment Co., to determine the ownership of $2,271.21, deposited by the plaintiff with the sheriff of Multnomah County, for the purpose of redeeming from the defendant Garbade certain land sold under an execution on a judgment against it.
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From Multnomah: John B. Cleland, Judge. This is a suit by the Larch Mountain Investment Co., to determine the ownership of $2,271.21, deposited by the plaintiff with the sheriff of Multnomah County, for the purpose of redeeming from the defendant Garbade certain land sold under an execution on a judgment against it. The facts are that on September 28, 1898, one Gilchrist recovered a judgment against the plaintiff in the circuit court of Multnomah County for about $2,000. At the túne the plaintiff was the owner of 1,200 acres of timber land in that county of the probable value of $25,000. On…
1Opinion of the CourtChief Justice Bean
The plaintiff contends as a matter of law: (1) That under the contract of May 10,1899, between the Bridal Veil Lumbering Co. and Garbade, the money in controversy, if the redemption from the Gilchrist sale is to be treated as valid, belonged to the lumbering company, and, as its interest therein has been transferred to the plaintiff, it should prevail in this suit; and (2) that Garbade’s refusal to accept the money, or to recognize the validity of the redemption, was a waiver of any claim to it on his part, which became irrevocable when plaintiff notified the sheriff that the attempted…
2Cases cited7 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- Kitcherside v. MyersOregon Supreme Court · 1881
- Municipal Security Co. v. Baker CountyOregon Supreme Court · 1898
- Browning v. LewisOregon Supreme Court · 1901
- Nessley v. LaddOregon Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Maxwell v. FrazierOregon Supreme Court · 1908
- Nicholas v. Title & Trust Co.Oregon Supreme Court · 1916
- Kuala v. KuapahiHawaii Supreme Court · 1903
- Hume v. BurnsOregon Supreme Court · 1907
- Rasmussen v. WintersOregon Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.