Hurford v. Harned
Oregon Supreme Court
Appeal from Multnomah County. This suit was brought to set aside a deed, absolute on its face, and have it declared a mortgage. Respondent, Hurford, and one Erancis, were in business as partners in a music store in Seattle, W. T. Hurford’s health was poor and the business was not very prosperous, but the concern was not insolvent.
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Appeal from Multnomah County. This suit was brought to set aside a deed, absolute on its face, and have it declared a mortgage. Respondent, Hurford, and one Erancis, were in business as partners in a music store in Seattle, W. T. Hurford’s health was poor and the business was not very prosperous, but the concern was not insolvent. The partnership was closed, and a debt of Gray & Co., of San Francisco, amounting to one thoúsand two hundred and sixty-four dollars, was presented for collection. Appellant Harned was a merchant in Portland, a member of the firm of A. P. Smith & Co., and his wife…
1Opinion of the Court
By the Court, Watson, J.:
Before looking into the evidence in this case, it is necessary that we notice a question of law, which affects the right of plaintiff to maintain this suit, under any view we may take of the evidence.
It is contended by counsel for the appellant that under the statute of frauds of this state it cannot be shown by parol evidence that a deed absolute on its face was in fact intended as a mortgage. Were this a new question in this court, it would merit a very careful consideration. But it is not a new question. This court had occasion to decide it in the case of Smith v.…
2Cited by15 opinions
- Galego v. KnudsenOregon Supreme Court · 1978
- Bickel v. WessingerOregon Supreme Court · 1911
- Burgdorfer v. ThielemannOregon Supreme Court · 1936
- Adair v. AdairOregon Supreme Court · 1892
- Security Trust Co. v. LoewenbergOregon Supreme Court · 1900
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