Daly v. Marsh

Oregon Supreme Court

Daly v. Marsh

12 P.2d 333, 140 Or. 341, 1932 Ore. LEXIS 23

DecidedMarch 17, 1932

StatusPublished

This text of 12 P.2d 333 (Daly v. Marsh) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daly v. Marsh, 12 P.2d 333, 140 Or. 341, 1932 Ore. LEXIS 23 (Or. 1932).

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Opinion

BROWN, J.

This is a suit to foreclose a mortgage, in which the title to the real property involved is questioned. The defendants contended that at the time the mortgage was executed the mortgagors did not possess the fee simple title to the property purported to be covered thereby, while the plaintiff asserted that the title of the mortgagors was valid.

This is a companion case to that of Bussone v. Marsh et al., decided this day, and the two were consolidated and argued together before this court. Except as to parties plaintiff, date and amount of mortgage and property covered thereby, the cases are identical. There is but one point at issue. The facts are set out at length in the Bussone case, and the law which governs the decision in that case is likewise controlling here.

Based upon the rules of construction as announced in the companion case, this cause will be affirmed.

Bean, C. J., Belt and Campbell, JJ., concur.

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BROWN, J.

This is a suit to foreclose a mortgage, in which the title to the real property involved is questioned. The defendants contended that at the time the mortgage was executed the mortgagors did not possess the fee simple title to the property purported to be covered thereby, while the plaintiff asserted that the title of the mortgagors was valid.

This is a companion case to that of Bussone v. Marsh et al., decided this day, and the two were consolidated and argued together before this court. Except as to parties plaintiff, date and amount of mortgage and property covered thereby, the cases are identical. There is but one point at issue. The facts are set out at length in the Bussone case, and the law which governs the decision in that case is likewise controlling here.

Based upon the rules of construction as announced in the companion case, this cause will be affirmed.

Bean, C. J., Belt and Campbell, JJ., concur.

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Bluebook (online)

12 P.2d 333, 140 Or. 341, 1932 Ore. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daly-v-marsh-or-1932.