French v. Boese

CAMPBELL, J. PRO TEMPORE

The plaintiffs filed a three-count suit in equity seeking (1) to have the defendants’ interest in real and personal property declared to be an equitable mortgage, or (2) specific performance of an alleged oral agreement to reconvey the property to the plaintiffs from the defendants, or (3) a constructive trust be imposed upon the property. The trial court found that the plaintiffs had failed "to sustain the burden of proof.” The plaintiffs have appealed. We reverse and remand.

We review de novo. ORS 19.125(3). At the time of the trial in 1979 the plaintiff, Orlando C.…