Harmon v. Grants Pass Banking & Trust Co.
Oregon Supreme Court
From Josephine: Frank M. Calkins, Judge. Statement by Mr. Justice Moore. This is a suit to have a deed of real property declared to be a mortgage, and for an accounting.
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From Josephine: Frank M. Calkins, Judge. Statement by Mr. Justice Moore. This is a suit to have a deed of real property declared to be a mortgage, and for an accounting. The facts are that the plaintiffs C. E. Harmon, G. N. Bailey, and L. L. Jewell, and defendant J. R. Bailey, on October 1, 1907, gave to the defendant the Grants Pass Banking & Trust Company, a corporation, hereinafter called the trust company, a promissory note for $3,000, payable in a year, with interest from that date at the rate of 8 per cent per annum, stipulating to pay such additional sum as the court might adjudge…
1Opinion of the CourtJustice Moore
It is contended that a consideration of the situation of the parties to the deed, of the price stipulated as a consideration for the mines, when compared with their value, of the conduct of the parties before and after the deed was given, and of the circumstances attending the transaction shows that in executing and accepting the deed it was intended that the sealed instrument should be security for the payment of a debt, and such being the case errors were committed in dismissing the suit and in not granting the relief sought.
1. The intention of the parties at the time an agreement is…
2Cases cited8 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Stephens v. AllenOregon Supreme Court · 1883
- Turner v. KerrSupreme Court of Missouri · 1869
- Parrish v. ParrishOregon Supreme Court · 1898
- Senkler v. BerryOregon Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gibson v. Morris State BankMontana Supreme Court · 1914
- High v. DavisOregon Supreme Court · 1978
- Blue River Sawmills, Ltd. v. GatesOregon Supreme Court · 1960
- Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
- Raulie v. United StatesCourt of Appeals for the Tenth Circuit · 1968
19 more not listed; retrieve them via the Exa API.