Legal Opinion

Phipps v. Willis

Oregon Supreme Court

Decided July 21, 1908PublishedCited by 16 opinions

From Douglas: James W. Hamilton, Judge. Statement by Mr. Commissioner King. This is a suit by Robert, Mary, and Victor Phipps, against William R. Willis, to set aside and cancel, on the grounds of fraud, a mortgage executed on March 23, 1896, payable two years after date, with interest, by plaintiffs to defendant, purporting to have been given to secure the sum of $10,756, with interest, together with any moneys defendant might be required to pay upon a promissory note,…

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From Douglas: James W. Hamilton, Judge. Statement by Mr. Commissioner King. This is a suit by Robert, Mary, and Victor Phipps, against William R. Willis, to set aside and cancel, on the grounds of fraud, a mortgage executed on March 23, 1896, payable two years after date, with interest, by plaintiffs to defendant, purporting to have been given to secure the sum of $10,756, with interest, together with any moneys defendant might be required to pay upon a promissory note, dated June 1, 1903, jointly executed by plaintiffs and defendant to S. C. Flint and H. Wollenberg for $4,000, due five years…

1Opinion of the Court

Opinion by

Mr. Commissioner King.

1. The first question for determination is one of law, involving the point whether, under the issues, the platm tiffs or the defendant have the burden of proof. Plaintiffs offered evidence to the effect that the mortgagee was their counsel, acting as such throughout the transaction, *194and for 20 years prior thereto had been the attorney for Eobert Phipps and wife in all matters requiring legal assistance. The establishment of such fiduciary relation, it is urged, placed the burden upon defendant to show, by clear and explicit proof, that in respect to the…

2Cases cited12 opinions

  1. Truett v. OnderdonkCalifornia Supreme Court · 1898
  2. Elmore v. JohnsonIllinois Supreme Court · 1892
  3. Bingham v. SaleneOregon Supreme Court · 1887
  4. Wimer v. SmithOregon Supreme Court · 1892
  5. Keel v. LevyOregon Supreme Court · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Burgess v. Charles A. Wing Agency, Inc.Oregon Supreme Court · 1932
  2. Bevan v. TemplemanOregon Supreme Court · 1933
  3. Karr v. MahaffayWashington Supreme Court · 1926
  4. Porter v. O'DonovanOregon Supreme Court · 1913
  5. National Surety Co. v. JohnsonOregon Supreme Court · 1925

11 more not listed; retrieve them via the Exa API.

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