48 P. 1118 | Or. | 1900
Lead Opinion
Decided 19 April, 1897.
On Motion of Surety to be Eelieved.
[48 Pac. 1118.]
Opinion on the Merits
Decided 19 February, 1900.
On the Merits.
[60 Pac. 2.]
This, is a suit by David W. Edgar to foreclose a mortgage executed by T. L. Golden June 19, 1893, upon the south half of the donation land claim of Moses Edgar and wife, situate in township 9 south, range 2 west of the Willamette Meridian, in Marion County, Oregon, to secure the payment of two promissory notes for $1,000 each, payable two years after date, with interest- at eight per cent, per annum, given by Golden to the plaintiff, February 25, 1893, for the purchase price of said premises purchased by him on that date from Edgar. The defenses interposed to the foreclosure of the mortgage are : (1) That it was given to secure the purchase price of the land covered thereby ; that the plaintiff conveyed the land by a warranty deed, and that the title thereto has been brought in question, an action having been commenced since the
after stating the facts, delivered the opinion of the court.