Elliott v. Bozorth
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Statement by Mb. Commissioner Slater. Plaintiff and his father, Francis N. Elliott, were joint equal owners and tenants in common of 145.52 acres of land, situate in Tillamook County, about 8 or 10 miles west of the City of Tillamook.
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From Tillamook: William Galloway, Judge. Statement by Mb. Commissioner Slater. Plaintiff and his father, Francis N. Elliott, were joint equal owners and tenants in common of 145.52 acres of land, situate in Tillamook County, about 8 or 10 miles west of the City of Tillamook. On October 20, 1898, they jointly morgtgaged this land to defendant Waterman, to secure the payment of a loan of $475, made by him to plaintiff, which was evidenced by their joint and several note of the same , date, payable two years after date, with interest at the rate of 10 per cent per annum, payable annually. About…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
Two principal questions are presented by the record, which are: (1) Was the deed intended to be only a mortgage; and (2) if so, did Bozorth buy with notice? If the first is determined, against plaintiff’s contention, the second becomes immaterial.
1. Plaintiff’s counsel, however, first argue that an appeal to this court has not been perfected by defendant *395Waterman, and that therefore the decree, which established the relationship of mortgagor and mortgagee between them, has become binding as to him, and consequently the only matter left for determination is…
2Cases cited8 opinions
- Curtis v. Richards & VantineCalifornia Supreme Court · 1858
- Stephens v. AllenOregon Supreme Court · 1883
- De Roboam v. SchmidtlinOregon Supreme Court · 1907
- Kramer v. WilsonOregon Supreme Court · 1907
- Guthrie v. ThompsonOregon Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Blue River Sawmills, Ltd. v. GatesOregon Supreme Court · 1960
- Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
- Harmon v. Grants Pass Banking & Trust Co.Oregon Supreme Court · 1911
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