Gennes v. Peterson
Oregon Supreme Court
State by Mr. Justice Slater. This is an ordinary suit by Ole Gennes and Neis Lay on to foreclose a mortgage on the N. W. Vi of section 8, in township 17 S., of range 11 E. of Willamette Meridian, executed by the defendants, August Peterson and Bertha Peterson, on January 8, 1907, in favor-of plaintiffs to secure payment of the former’s note amounting to $2,000. J. N. Hunter and W. H. Staats were made defendants to the suit; the complaint as to them alleging that “each claim…
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State by Mr. Justice Slater. This is an ordinary suit by Ole Gennes and Neis Lay on to foreclose a mortgage on the N. W. Vi of section 8, in township 17 S., of range 11 E. of Willamette Meridian, executed by the defendants, August Peterson and Bertha Peterson, on January 8, 1907, in favor-of plaintiffs to secure payment of the former’s note amounting to $2,000. J. N. Hunter and W. H. Staats were made defendants to the suit; the complaint as to them alleging that “each claim to have some interest in or claim upon the real estate described in the second paragraph of this complaint, which…
1Opinion of the CourtJustice Slater
It is claimed in the appellants’ brief that, at the time the land was attached in the original action against Peterson, he had made his final proof, paid the government price for the land in controversy, and had received the receiver’s final receipt under the act of Congress known as the “timber and stone act” (Act June 3, 1878, c. 151, § 1; [20 Stat. 89: U. S. Comp. St. 1901, p. 1545]). and upon this assumption under the holding of this court in Budd v. Gallier, 50 Or. 42 (89 Pac. 638), it is maintained that Peterson had no attachable interest in the land. There is nothing in the record,…
2Cases cited4 opinions
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Corning v. . SmithNew York Court of Appeals · 1851
- Ord v. BartlettCalifornia Supreme Court · 1890
- Budd v. GallierOregon Supreme Court · 1907
3Cited by4 opinions
- Kreinbring v. MathewsOregon Supreme Court · 1916
- Barnes v. AndersonOregon Supreme Court · 1923
- Allen v. BakerOregon Supreme Court · 1938
- Johnson v. WhiteOregon Supreme Court · 1912