Adkins v. Lewis
Oregon Supreme Court
Appeal from Benton County. This was a suit in equity for an accounting and settlement for rents and profits received by respondent as a mortgagee in possession, and to compel a reconveyance of the mortgaged premises.
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Appeal from Benton County. This was a suit in equity for an accounting and settlement for rents and profits received by respondent as a mortgagee in possession, and to compel a reconveyance of the mortgaged premises. The appellants, Adkins and wife and William J. Russel, being the owners of a one-half interest in two hundred and twenty acres of land, mortgaged the same to respondent, to secure, as the complaint alleged, the payment of $634.54, loaned by respondent to appellant William J. Russel. The mortgage was in the form of a deed absolute on its face. At the date of its execution the…
1Opinion of the Court
By the Court,
Shattuck, J.:
Several questions have been discussed upon the argument which, upon the view we take of the case, it is unnecessary to decide.
The first question to settle is, what was the. nature of Lewis’s use and occupation of the land conveyed to him by the deed in question? If he held as tenant in common with Russel, he is not liable to account in this suit for rents and profits; but he is so liable if his possession was as Russel’s mortgagee. It appears from the evidence that Wood and Russel before, and for about a year after the execution of this deed by Russel and Adkins to…
2Cited by1 opinion
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