Smith v. Portland Federal Savings & Loan Ass'n

This is a suit brought by the plaintiff Winona M. Smith to establish a mortgage lien upon real property situated in Portland, Oregon.

The basis of plaintiff’s claim is that in November, *5491950, the defendant Eldon Mills, who then held legal title to the real property, requested of the plaintiff money to pay the balance due upon his automobile, to purchase a new automobile, and to pay off the then existing mortgage upon the real property in question, the defendant stating that upon receipt of the money he would execute a note and secure the same by executing a mortgage upon the real property;…