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65 Or. 113

Lovelace v. Dwyer

Oregon Supreme Court

Decided April 29, 1913

Oregon Supreme Court · decided 1913-04-29

Prom Clackamas: James U. Campbell, Judge. Statement by Mr. Chief Justice McBride. This is a suit by J. P. Lovelace against Alexander Meyer, C. 0 ’Donovan and Katherine M. Dwyer to foreclose a mortgage given to secure a promissory note for $1,250, with interest at 6 per cent per annum.

Affirmed · Decided 1913-04-29

¶1Opinion by

Mr. Chief Justice McBride.

¶2The burden of proof .was upon the defendant to prove that the agreement to extend the time upon the *114defendant’s note was in fact made, and that the additional interest was in fact paid and accepted in pursuance to such agreement. This we do not believe she has established by the preponderance of the evidence. The court below, which heard the testimony, and saw the witnesses, and therefore had a better opportunity than we have to judge of their credibility, was of the same opinion. It is unnecessary to discuss the evidence in detail, as it would only consume space in the reports and be of interest to no one. Plaintiff’s counsel insists on an increased allowance for attorneys’ fees because of this appeal; but there is no sufficient datum in the testimony transmitted here upon which to base such an allowance.

¶3The decree will be affirmed. Appirmed.

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