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27 Or. 249

Campbell v. Snyder

Oregon Supreme Court

Decided July 20, 1895

Oregon Supreme Court · decided 1895-07-20

Fee, Judge. This is an original suit in equity by Mrs. Harriet Campbell against Edward Snyder to set aside and cancel a certain judgment, taken against her some four years ago under .the following circumstances: Charles H. Campbell, the husband of the plaintiff,' executed several' notes to Snyder, and secured them by a mortgage on certain real property, but whether this was his property or his wife’s does not appear on the record.

Cited by 2 later decisions — most recently March 1916

2 state decisions

Relies on Heatherly v. Hadley · Crews v. Richards · Knoll v. Kiessling

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1895-07-20

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Per Curiam.

¶1There are two very important questions suggested by this appeal: First, whether under our statute a bill of review will lie for error of law apparent upon the face of the decree sought to be reviewed; and, second, whether the covenant of a married woman, in a mortgage of her property to secure a note of her husband, to pay the mortgage debt creates a personal liability against her, she not being a party to the contract whereby the indebtedness was created. From Heatherly v. Hadley, 4 Or. 7, Crews v. Richards, 14 Or. 442, and Knoll v. Kiessling, 23 Or. 8, (35 Pac. 248,) it seems that the first of these questions should be answered in the affirmative and the second in the negative, but not having the benefit of a brief or argument for respondent in this case, and believing the conclusions reached not entirely free from doubt, either or both questions must be considered as open for reexamination in the future, should they become important. The decree of the court below is reversed, and a decree will be entered here as prayed for in the complaint.

¶2Reversed.

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