Yale Holdings, LLC v. Capital One Bank
Court of Appeals of Oregon
1Opinion of the CourtLagesen, J.
This dispute centers on a trust deed that contains inconsistent descriptions of the property that it encumbers; one of the descriptions is necessarily a mistake. If one description — the tax-parcel-number description — is the correct one, then the trust deed encumbers the entirety of a one-of-a-kind mansion and its surrounding grounds. If the other description — the metes-and-bounds description — is the correct one, then the trust deed encumbers only part of the mansion (which is not wholly contained within the metes-and-bounds borders) and part of the surrounding grounds. On cross-motions…
2Cases cited9 opinions
- Batzer Construction, Inc. v. John BoyerCourt of Appeals of Oregon · 2006
- Robinson v. Lamb's Wilsonville ThriftwayOregon Supreme Court · 2001
- Dial Temporary Help Service, Inc. v. DLF International Seeds, Inc.Court of Appeals of Oregon · 2013
- Adair Homes, Inc. v. Dunn Carney Allen Higgins & Tongue, LLPCourt of Appeals of Oregon · 2014
- Citibank South Dakota N.A. v. SantoroCourt of Appeals of Oregon · 2006
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3Cited by2 opinions
- Portfolio Recovery Assocs., LLC v. SandersCourt of Appeals of Oregon · 2018
- Evans v. City of WarrentonCourt of Appeals of Oregon · 2016