Haseltine v. Espey
Oregon Supreme Court
Multnomah County. Plaintiffs appeal. The court below found as a. fact that the conveyance from Espey to Thompson was intended as a mortgage to secure advances made by Thompson. The legal title and right of possession under that conveyance both remained in Espey, according to the law of this state.
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Multnomah County. Plaintiffs appeal. The court below found as a. fact that the conveyance from Espey to Thompson was intended as a mortgage to secure advances made by Thompson. The legal title and right of possession under that conveyance both remained in Espey, according to the law of this state. (Teal v. Walker, 111 U. S. 251; JBesser v. Hawthorne, 3 Or. 129; Anderson v. Baxter, 4 Id. 105; Roberts v. Sutherlin, Id. 219.) The plaintiffs’ judgment lien, therefore, will attach upon the property as in the hands of Espey, taking priority over Thompson’s lien by way of mortgage, unless plaintiffs…
1Opinion of the CourtThayer, J.
The appellants, who are copartners in business, obtained a judgment against the respondent Espey, on the twenty-seventh day of June, 1884, for the sum of $710.71, and upon which they caused an execution to be issued. Prior thereto, and on the twelfth day of June, 1884, the said Espey had made an assignment for the benefit of creditors under the insolvent act of the state. Before that time, and on the sixteenth day of October, 1883, said Espey had executed a deed of conveyance to the respondent Thompson to certain real property owned by him, situated in said county. After obtaining the…
2Cited by3 opinions
- Security Trust Co. v. LoewenbergOregon Supreme Court · 1900
- Kennard v. MabryTexas Supreme Court · 1890
- Matlock v. AlmOregon Supreme Court · 1919