Kinney v. Smith
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by L. D. Kinney against Bertha J. Smith and R. H. Smith, to have a deed decreed to be a mortgage.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by L. D. Kinney against Bertha J. Smith and R. H. Smith, to have a deed decreed to be a mortgage. The facts, as brought out at the trial, are as follows: On November 9, 1907, plaintiff executed and delivered to defendant Bertha J. Smith, wife of defendant R. H. Smith, a warranty deed, conveying to her 12 lots in the townsite of Coos Bay for the expressed consideration of $2,000. Plaintiff commenced this suit on January 20, 1908, to have the deed decreed to be a mortgage. It appears that prior to the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. Plaintiff appeals from that portion of the decree which requires him to redeem; his contention being that by his complaint he did not seek to redeem, but to have the deed decreed to be a mortgage.
The' complaint does not state the amount of the debt secured, only states that the deed was intended as a security for such sum as may be found to be due. There is no pretense that there was any mistake or error in the terms of the instrument. No doubt defendant’s motion to require plaintiff to make the complaint more definite by stating the amount of the debt…
2Cases cited12 opinions
- Thompson v. MarshallOregon Supreme Court · 1891
- Marquam v. RossOregon Supreme Court · 1905
- Stephens v. AllenOregon Supreme Court · 1883
- Cowing v. RogersCalifornia Supreme Court · 1868
- Lovejoy v. ChapmanOregon Supreme Court · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Caro v. WollenbergOregon Supreme Court · 1913
- Purdy v. UnderwoodOregon Supreme Court · 1918
- Grover v. Hawthorne EstateOregon Supreme Court · 1911
- Umpqua Forest Industries v. Neenah-Oregon Land Co.Oregon Supreme Court · 1950
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
7 more not listed; retrieve them via the Exa API.