Thompson v. Marshall
Oregon Supreme Court
Defendant appeals. On the fifth day of April, 1890, the Portland Cable Railway Company executed and delivered to the appellant the following writing: “Know all men by these presents: That the Portland Cable Railway Company (a corporation duly organized and incorporated under the laws of the state of Oregon), in consideration of twenty thousand dollars to it paid by J. P. Marshall, trustee, does hereby grant, bargain, sell and convey to said J. P. Marshall, trustee, and his…
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Defendant appeals. On the fifth day of April, 1890, the Portland Cable Railway Company executed and delivered to the appellant the following writing: “Know all men by these presents: That the Portland Cable Railway Company (a corporation duly organized and incorporated under the laws of the state of Oregon), in consideration of twenty thousand dollars to it paid by J. P. Marshall, trustee, does hereby grant, bargain, sell and convey to said J. P. Marshall, trustee, and his assigns forever, the following described parcel of real estate, situate, lying and being in the county of Multnomah,…
1Opinion of the CourtStrahan, C. J.
The deed dated January 27,1891, shows upon its face that so far as money was advanced upon the faith of it, or so far as it became security for any debt of the cable railway company, the same is a mortgage, and all of the incidents of redemption and the right of foreclosure attached to it. (3 Pom. Eq. Jur. § 1195.) And the deed of April 5,1890, under the allegations in the complaint which stand admitted by the demurrer, is of the same chai’acter. Though its phraseology is somewhat different, its real character must be determined by its object. If its object were to secure a debt whether…
2Cases cited11 opinions
- Weight v. HendersonTexas Supreme Court · 1854
- Anderson v. BaxterOregon Supreme Court · 1871
- Sellwood v. GrayOregon Supreme Court · 1884
- McLane v. PaschalTexas Supreme Court · 1877
- Webb v. HoseltonNebraska Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Harper v. Interstate Brewery Co.Oregon Supreme Court · 1941
- Barth v. ElyMontana Supreme Court · 1929
- Schleef v. PurdyOregon Supreme Court · 1923
- Caro v. WollenbergOregon Supreme Court · 1913
- Murray v. WileyOregon Supreme Court · 1942
26 more not listed; retrieve them via the Exa API.