Bailey v. Frazier
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is a suit by Douglas W. Bailey against William Frazier to declare a deed absolute in form to be a mortgage; to compel an accounting for the rents and profits collected by the defendant while in possession of the lands involved; and to compel a reconveyance to the plaintiff.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is a suit by Douglas W. Bailey against William Frazier to declare a deed absolute in form to be a mortgage; to compel an accounting for the rents and profits collected by the defendant while in possession of the lands involved; and to compel a reconveyance to the plaintiff. The complaint alleges in substance that in February, 1899, the plaintiff was the owner of the real property in question, the legal title thereto being held by Julia Haller as trustee for the plaintiff; that about that date the plaintiff caused…
1Opinion of the CourtJustice Burnett
Without deciding the question of fact involved, we may concede, for the purpose of this case, that the deed from Julia Haller to the defendant was in fact a mortgage designed to secure the payment of money advanced by the defendant on account of plaintiff’s obligations under the mortgage already on the premises. The plaintiff contends that as a consequence of this situation he has an estate in the property which" Frazier holds as trustee, and that the purchase by the latter of the subject of the trust is at least voidable because it is incompatible with that fiduciary relation. In support of…
2Cases cited16 opinions
- Anderson v. AdamsOregon Supreme Court · 1903
- Smith v. FarraOregon Supreme Court · 1891
- Thompson v. MarshallOregon Supreme Court · 1891
- Wimer v. SmithOregon Supreme Court · 1892
- Rolfes v. RusselOregon Supreme Court · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913
- Carty v. McMenamin & WardOregon Supreme Court · 1923
- Bank of Jordan Valley v. DuncanOregon Supreme Court · 1922
- Burgdorfer v. ThielemannOregon Supreme Court · 1936
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
11 more not listed; retrieve them via the Exa API.