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76 Or. 281

Windsor v. Mourer

Oregon Supreme Court

Decided April 6, 1915

Oregon Supreme Court · decided 1915-04-06

From Multnomah: George N. Davis, Judge. Department 1. Statement by Mr. Chief Justice Moore. These two suits instituted by J. C. Windsor against George C. Mourer and others, to vacate and set aside the cancellation of judgments, were consolidated and tried, and, the relief prayed for in the complaint having been denied, the plaintiff appeals. Department 1.

Cited by 1 later decisions — most recently May 1917

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-04-06

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¶1Denied May 25, 1915.

¶2On Petition for Rehearing.

¶3(147 Pac. 1190.)

¶4Opinion by

Mr. Chief Justice Moore.

¶5In the former opinion it is said: “Mrs. Campbell on August 16,1912, by writing, transferred to J. C. Windsor, the plaintiff herein, all her right, title, and interest in and to both of the judgments, but the assignment was never recorded.” Prom the concluding part of that sentence the following additional words were inadvertently omitted, to wit: “Until after the record of these judgments was discharged.” In a petition for a *286rehearing it is insisted that, the assignment having been duly recorded, a different conclusion should have been reached. It will be seen from an examination of the. original opinion that the affirmance of the decree is predicated upon Holloway’s want of notice of such assignment when he secured a satisfaction of the judgments. That the assignment was subsequently recorded is unimportant.

¶6"We think the conclusion reached in this case is warranted by a consideration of the evidence, and hence the petition for a rehearing is denied.

¶7Affirmed. Rehearing Denied.

Mr. Justice Benson, Mr. Justice Burnett and Mr. Justice McBride concur.
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