Legal Opinion

Yale Holdings, LLC v. Capital One Bank

Court of Appeals of Oregon

Decided May 21, 2014No. CV11040331; A151034PublishedCited by 2 opinions

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

  1. Batzer Construction, Inc. v. John BoyerCourt of Appeals of Oregon · 2006
  2. Robinson v. Lamb's Wilsonville ThriftwayOregon Supreme Court · 2001
  3. Dial Temporary Help Service, Inc. v. DLF International Seeds, Inc.Court of Appeals of Oregon · 2013
  4. Adair Homes, Inc. v. Dunn Carney Allen Higgins & Tongue, LLPCourt of Appeals of Oregon · 2014
  5. Citibank South Dakota N.A. v. SantoroCourt of Appeals of Oregon · 2006

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Portfolio Recovery Assocs., LLC v. SandersCourt of Appeals of Oregon · 2018
  2. Evans v. City of WarrentonCourt of Appeals of Oregon · 2016

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