Legal Opinion

Anderson v. Phegley

Oregon Supreme Court

Decided May 26, 1914PublishedCited by 2 opinions

From Josepbine: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Eakin. This is a suit by T. K. Anderson, T. K. Anderson as administrator of tbe estate of H. A. Williamson, deceased, and Albert Pbillip against Grant Pbegley and Emma G. Robinson to foreclose an agreement and to compel tbe execution of a trust.

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From Josepbine: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Eakin. This is a suit by T. K. Anderson, T. K. Anderson as administrator of tbe estate of H. A. Williamson, deceased, and Albert Pbillip against Grant Pbegley and Emma G. Robinson to foreclose an agreement and to compel tbe execution of a trust. Tbe Galice Consolidated Mines Company, hereinafter referred to as tbe mining company, prior to 1907 was tbe owner of certain mines on Galice Creek, in Josephine County, Oregon, and plaintiffs were tbe owners of certain mines immediately above those of tbe mining company.…

1Opinion of the CourtJustice Eakin

Defendant’s contention seems to be that the rights of the parties shall be determined by the legal effect of the foreclosure sale and relative rights of redemption, to the exclusion of the agreement of March 16, 1907, and that plaintiffs lost all rights in the property by their failure to redeem from the foreclosure sale within the statutory period; but that would be en*334tirely contrary to the intention of the parties and to the conditions of the agreements. The trial court called the transaction an equitable mortgage, but we consider the agreements as well as the title obtained by Phegley at…

2Cited by2 opinions

  1. Anderson v. PhegleyOregon Supreme Court · 1915
  2. Anderson v. PhegleyOregon Supreme Court · 1917

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