Legal Opinion

First State & Savings Bank v. Oliver

Oregon Supreme Court

Decided June 21, 1921PublishedCited by 24 opinions

From Klamath.: D. V. Kuykendall, Judge. In Banc. This is a suit to foreclose a chattel mortgage. The trial court found and decreed that the mortgage be foreclosed as against all of the property described therein except, one ten-horse power electric motor, one six-inch centrifugal pump, and one five-inch centrifugal pump, which the court found to be the property of defendants Margaret H. Barney and William M. Bray. Plaintiff appeals.

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From Klamath.: D. V. Kuykendall, Judge. In Banc. This is a suit to foreclose a chattel mortgage. The trial court found and decreed that the mortgage be foreclosed as against all of the property described therein except, one ten-horse power electric motor, one six-inch centrifugal pump, and one five-inch centrifugal pump, which the court found to be the property of defendants Margaret H. Barney and William M. Bray. Plaintiff appeals. The claim of defendants Barney and Bray is, that the motor and pumps are part of the real estate and were never owned by defendant Oliver. It is the contention of…

1Opinion of the CourtBean, J.

Having given a general history of the different deals claimed to affect the status of the property in suit, we will endeavor to outline more minutely the situation, use and purposes of the motor *47and two pumps in question; this with a view of determining whether or not the property involved was a part of the real estate. Defendant Oliver never obtained title to the real property. It appears that he secured ownership and possession of the personal property sold by Reames to McKillop, and in turn transferred by McKillop to Oliver, who executed to the plaintiff a chattel mortgage. Whatever right…

2Cases cited5 opinions

  1. Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
  2. Roseburg Nat. Bank v. CampOregon Supreme Court · 1918
  3. Johnson v. Pacific Land Co.Oregon Supreme Court · 1917
  4. Sowden & Co. v. CraigSupreme Court of Iowa · 1868
  5. Bay City Land Co. v. CraigOregon Supreme Court · 1914

3Cited by24 opinions

  1. Frost v. SchinkelNebraska Supreme Court · 1931
  2. Danville Holding Corp. v. ClementSupreme Court of Virginia · 1941
  3. Rayl v. Shull Enterprises, Inc.Idaho Supreme Court · 1985
  4. Mattechek v. PughOregon Supreme Court · 1935
  5. Patel v. Comm'rUnited States Tax Court · 2012

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