Small v. Carey

This is a suit for declaratory judgment to have a warranty deed, absolute in form, declared to be a mortgage and to declare that plaintiffs are the owners of certain real property in Umatilla County. The trial court entered a decree in favor of defendants based upon defendants’ motion for judgment on the pleadings. Plaintiffs appeal. We affirm.

The facts are not in dispute. In 1969 plaintiffs entered into a transaction with L. R. Bailey and his wife, who were residents of Washington and are now both deceased. As a part of that transaction, and in consideration of $21,000, plaintiffs delivered…