Miller v. Achurch
Oregon Supreme Court
From Wallowa: William Smith, Judge. Statement by Mu. Commissioner Slater. On July 23, 1906, plaintiff obtained a judgment against Acburch & Hammack for the aggregate sum of $2,933.40, besides costs and disbursements, and a decree for the foreclosure of a mortgage lien upon some town lots to pay the judgment.
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From Wallowa: William Smith, Judge. Statement by Mu. Commissioner Slater. On July 23, 1906, plaintiff obtained a judgment against Acburch & Hammack for the aggregate sum of $2,933.40, besides costs and disbursements, and a decree for the foreclosure of a mortgage lien upon some town lots to pay the judgment. Defendant, First Bank of Joseph, also obtained judgment in the same suit against Hammack and wife for the aggregate amount of $265, which was adjudged to be a second lien and to be paid out of the proceeds of the sale of the property, which was ordered to be made. Execution issued, and on…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. The reason which moved the court to set aside the first sale does not appear in the record, nor is it material that it should, for the action of the court in setting aside the sale was not questioned by any person interested, and it became legally binding on all parties who acquiesced. If plaintiff has a right to be heard on his motion at' all, it seems to us that this second sale must be set aside as a result of the positive declaration of the statute that “upon a resale, the bid of the purchaser at the former sale shall be deemed to be renewed and…
2Cases cited3 opinions
- Beckwith v. . Mining Co.Supreme Court of North Carolina · 1882
- McKee v. LoganSupreme Court of Missouri · 1884
- Flint v. PhippsOregon Supreme Court · 1891
3Cited by2 opinions
- Williams v. Continental Securities Corp.Washington Supreme Court · 1944
- Rich v. BellamyOregon Supreme Court · 1978