Murray v. Wiley

This is the second appeal in the case. For a full understanding of the facts, which were complicated, reference is made to our previous opinion, Murray v. Wiley et al. 169 Or. 381, 127 P. (2d) 112, 129 P. (2d) 66. The facts will not be repeated here except as may be necessary for the decision of the narrow issues now before us.

Prior to August 20, 1932, E. J. Murray was the owner of the real property described in the complaint. Prior to that date the plaintiff, as owner, had executed a first mortgage in favor of the Pacific Savings and Loan Association. On August 20, 1932, Murray conveyed the…