Rudeen

Rudeen v. Lilly

Good Law
196 F.2d 300·1952 U.S. App. LEXIS 2469
United States Court of Appeals for the Ninth CircuitApril 30, 195212910_1California1,469 words

Opinion

Opinion

Bone, J.

Appellees who are co-partners and citizens of Oregon, instituted this action to foreclose a mortgage dated August 4, 1948 and executed in their favor by Great West Lumber Corporation, an Idaho corporation. The action was originally commenced in the Circuit Court of Oregon for Klamath County and later removed to the lower court. The property covered by a mortgage was a tract of land described as “NE- 34 of SE-)4 Section 13, Township 23, South Range 9 East Willamette Meridian,” located in Klamath County, Oregon and

The mortgage was executed, signed and delivered to appellees on behalf of Great West Lumber Corporation by R. O. Camozzi acting in the capacity of “President and General Manager” thereof, and it recited that it was intended to secure the payment of a debt of $10,000.00 due to appellees from said corporation in accordance with the tenor of a promissory note for said amount made payable to appellees. The mortgage was executed on behalf of said corporation and signed by the said Camozzi as, and acting in the capacity of “President and General Manager” thereof. The said note also bore date of August 4, 1948; default in payment thereof resulted in the bringing of the…

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