Caro v. Wollenberg
Oregon Supreme Court
From Douglas: Lawrence T. Harris, Judge. Statement by Mr. Justice Bean. This is a suit brought by Simon Caro against H. "Wollenberg to have a deed absolute in form declared to be a mortgage, for an acounting, and to redeem upon any balance being found due.
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From Douglas: Lawrence T. Harris, Judge. Statement by Mr. Justice Bean. This is a suit brought by Simon Caro against H. "Wollenberg to have a deed absolute in form declared to be a mortgage, for an acounting, and to redeem upon any balance being found due. Defendant denies that the deed was intended as a mortgage, and claims that the same was an absolute conveyance; that in 1899 he entered into possession of the premises under said deed and ever since and for more than ten years has been in the adverse possession of the same, claiming to be the owner thereof. Upon the testimony taken by a…
1Opinion of the CourtJustice Bean
The facts out of which the controversy arose are as follows: On November 24, 1890, plaintiff, Simon Caro, and Isadore Caro, his brother, who were partners engaged in the mercantile business in Roseburg, Oregon, borrowed $12,000 from Samuel Marks and H. Wollenberg, for the purpose of constructing a store building on the lots involved, and executed their promissory note therefor with interest at the rate of 8 per cent per annum. This note was secured by a mortgage on the store property, which consisted of a two-story brick building with a storeroom occupied by Caro Bros, on the ground floor,…
2Cases cited13 opinions
- Cooke v. CooperOregon Supreme Court · 1889
- Thompson v. MarshallOregon Supreme Court · 1891
- Green v. TurnerSupreme Court of Iowa · 1874
- Miles v. HemenwayOregon Supreme Court · 1910
- Bickel v. WessingerOregon Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
- Murray v. WileyOregon Supreme Court · 1942
- REID v. ReidOregon Supreme Court · 1959
- Umpqua Forest Industries v. Neenah-Oregon Land Co.Oregon Supreme Court · 1950
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
18 more not listed; retrieve them via the Exa API.