Lyons v. Chaffee
Oregon Supreme Court
From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice McBride. This is a suit by Electa Helen Lyons against Charles J. Chaffee, in the nature of a strict .foreclosure of the rights of the defendant under bond for a deed, which reads as follows: “Know -all men by these presents, that we, Electa H. Lyons and Elmer E. Lyons, wife and husband, of Forest Grove, Oregon, are held and firmly bound unto C. J. Chaffee, of Hood River, Oregon, in the sum of $3,500, to be…
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From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice McBride. This is a suit by Electa Helen Lyons against Charles J. Chaffee, in the nature of a strict .foreclosure of the rights of the defendant under bond for a deed, which reads as follows: “Know -all men by these presents, that we, Electa H. Lyons and Elmer E. Lyons, wife and husband, of Forest Grove, Oregon, are held and firmly bound unto C. J. Chaffee, of Hood River, Oregon, in the sum of $3,500, to be paid to the said C. J. Chaffee, his executors, administrators, or assigns, for which payment well and truly to be made…
1Opinion of the CourtJustice McBride
1. The bond for a deed transferred the equitable title in the property to defendant, leaving in the vendor the legal title as security for payment of the purchase price and interest according to its terms: Knott v. Stephens, 5 Or. 235, 240; Burkhart v. Howard, 14 Or. 39 (12 Pac. 79); Security Savings etc. Co. v. Mackenzie, 33 Or. 209 (52 Pac. 1046); Coles v. Meskimen, 48 Or. 54 (85 Pac. 67); Flanagan Estate v. Great Central Land Co., 45 Or. 335 (77 Pac. 485); Wollenberg v. Rose, 41 Or. 314 *488(68 Pac. 804); Miles v. Hemenway, 59 Or. 318 (111 Pac. 696, 117 Pac. 273).
2. The instant case is not a…
2Cases cited10 opinions
- Flanagan Estate v. Great Cent. Land Co.Oregon Supreme Court · 1904
- Security Savings Co. v. MackenzieOregon Supreme Court · 1898
- Miles v. HemenwayOregon Supreme Court · 1910
- Harrington v. BirdsallNebraska Supreme Court · 1893
- Knott v. James B.Oregon Supreme Court · 1874
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3Cited by5 opinions
- Blondell v. BeamOregon Supreme Court · 1966
- Zumstein v. STOCKTON ET UX.Oregon Supreme Court · 1953
- Atkochunas v. GustafsonOregon Supreme Court · 1937
- McCracken v. Walnut Park Garage, Inc.Oregon Supreme Court · 1937
- First Bank of Juntura v. SitzOregon Supreme Court · 1931