Marx v. La Rocque
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. This is a suit by Marx and Jorgensen against A. E. La Rocque, H. M. Gilbertson, and the State Insurance Company of Salem for partition of real property.
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Appeal from Marion: Geo. H. Burnett, Judge. This is a suit by Marx and Jorgensen against A. E. La Rocque, H. M. Gilbertson, and the State Insurance Company of Salem for partition of real property. The facts, briefly, are: That on March twentieth, eighteen hundred and eighty-three, one George C. La Rocque was the owner of an undivided one twentieth interest in the real property sought to be partitioned, and being indebted to one F. B. Harrington, conveyed such interest to him by deed absolute in form, but intended as a mortgage, to secure said indebtedness, as the evidence, in our opinion,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. It is conceded that plaintiffs have no title in the premises sought to be partitioned, unless they acquired it under the deed from Harrington, which is admitted by all parties to have been intended as a mortgage. The principal question, then, remaining for consideration is whether a grantee in such a deed can maintain a suit for partition, and this we think must be answered in the negative. The statute regulating the partition of real property applicable to this case provides that when several persons hold and are in possession of real property as tenants…
2Cases cited9 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Odell v. . MontrossNew York Court of Appeals · 1877
- Anderson v. BaxterOregon Supreme Court · 1871
- Sellwood v. GrayOregon Supreme Court · 1884
- Shattuck v. . BascomNew York Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schleef v. PurdyOregon Supreme Court · 1923
- Purdy v. UnderwoodOregon Supreme Court · 1918
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
- Security Trust Co. v. LoewenbergOregon Supreme Court · 1900
- Kinney v. SmithOregon Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.