Albany & Santiam W. D. Co. v. Crawford

*244By the Court,

Watson, C. J.:

This is a suit in equity to have a deed absolute on its face declared a mortgage, in accordance with an alleged intention of the parties.

The deed was executed April 21,1876, and the complaint was filed April 4, 1881. All the property of the appellant, both real and personal, including The Albany and Santiam Water Ditch or Canal, with its right of way, water privileges, etc., several small tracts of land, and a boat called “Red Jacket,” situated in Linn county, is covered by the deed. Possession accompanied the execution of the deed to respondent. He paid…