Swegle v. Belle
Oregon Supreme Court
Marion county: R. P. Boise, Judge. Defendants appeal. The object of this suit is to have a certain deed, made and executed by the plaintiff to Charles Swegle in his lifetime, declared to be a mortgage, and for an account of the rents and profits of the land described in said deed, and for the redemption of said real property, or such other relief as may be proper.
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Marion county: R. P. Boise, Judge. Defendants appeal. The object of this suit is to have a certain deed, made and executed by the plaintiff to Charles Swegle in his lifetime, declared to be a mortgage, and for an account of the rents and profits of the land described in said deed, and for the redemption of said real property, or such other relief as may be proper. The findings of the court are as follows: “(1) That the plaintiff, on the 1st day of April, 1887, was the owner of the premises described in the complaint, and that on that day he executed a mortgage on said premises to W and E.…
1Opinion of the CourtStbahan, C. J.
— The main question presented by this appeal is one of fact, and that is, whether or not the deed made by George Swegle and wife to Charles Swegle on the 3d day of September, 1887, was intended as a mortgage or *327an absolute conveyance of the real property therein described. All other questions are subordinate to this. Since the decision of this court in Stephens v. Allen, 11 Or. 188, the law must be regarded as settled in this state that a deed absolute on its face may be shown by parol to have been designed and intended by the parties as a mortgage for the security of money, or to secure the…
2Cases cited1 opinion
- Stephens v. AllenOregon Supreme Court · 1883
3Cited by8 opinions
- Lovejoy v. ChapmanOregon Supreme Court · 1893
- Grover v. Hawthorne EstateOregon Supreme Court · 1911
- Elliott v. BozorthOregon Supreme Court · 1908
- Kramer v. WilsonOregon Supreme Court · 1907
- Eldriedge v. HoeferOregon Supreme Court · 1908
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