Kohler v. GILBERT ET UX

(Pro Tempore)

This is an appeal by defendants from a decree of the Circuit Court of Malheur County wherein a war ranty deed, bill of sale, and so-called “defeasance agreement” were construed to be an equitable mortgage. Plaintiff was further decreed to be the owner of certain realty covered by said mortgage, and in connection therewith, in effect it was held that a half interest in said realty deeded by plaintiff’s former wife, Dale G. Kohler, to defendant Joseph L. Gilbert, was by operation of a resulting trust, vested in plaintiff. The decree further provided for an accounting by the…