Wright v. Wimberly
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. In Banc. This is an action by A. H. Wright against L. Wimberly and Cora, his wife, to recover money. The facts are that on January 27, 1910, O. C. Jones and his wife in consideration of $4,000 executed to L. Wimberly a deed of a tract of land in Douglas County, Oregon.
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From Douglas: James W. Hamilton, Judge. In Banc. This is an action by A. H. Wright against L. Wimberly and Cora, his wife, to recover money. The facts are that on January 27, 1910, O. C. Jones and his wife in consideration of $4,000 executed to L. Wimberly a deed of a tract of land in Douglas County, Oregon. The purchaser paid $1,000 down and thereupon he and his wife executed to Jones a promissory note for $3,000, maturing on or before ten years with interest at the rate of 6 per cent, payable annually, but if default were made as to any such installments, the principal and interest were to…
1Concurrence
BURNETT, J.,
Concurring Specially. — It was settled by the opinions in the former case that when the plaintiff bought a note secured by mortgage of even date therewith, he was charged with what knowledge he might have obtained by inquiry prompted by the contents of the public records to which his attention was directed by the fact that the mortgage was recorded and that he could not excuse himself under these circumstances for having failed to learn that the. obligations covered part of the buying price of realty. The matter, therefore, about his having purchased in good faith and the like is…
2Cases cited6 opinions
- Boucofski v. JacobsenUtah Supreme Court · 1909
- Page v. FordOregon Supreme Court · 1913
- Clark v. PaddockIdaho Supreme Court · 1913
- Blumberg v. BirchCalifornia Supreme Court · 1893
- Sacramento Bank v. CopseyCalifornia Supreme Court · 1901
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