Paulson v. Oregon Surety Co.
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit by A. S. Paulson against the Oregon Surety & Casualty Company, a corporation, and the Union Guarantee Association, a corporation, to declare a trust, and for an accounting. From a decree for defendants, plaintiff appeals.
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From Multnomah: Robert G. Morrow, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit by A. S. Paulson against the Oregon Surety & Casualty Company, a corporation, and the Union Guarantee Association, a corporation, to declare a trust, and for an accounting. From a decree for defendants, plaintiff appeals. About November, 1909, plaintiff, a contractor and builder of Portland, Oregon, owned three lots situated respectively on East Twenty-third, East Sixteenth, and East Fourteenth Streets. There was a completed dwelling-house on the Twenty-third Street lot, one partially finished…
1Opinion of the CourtJustice Bean
1. The several deeds from plaintiff to defendant Union Guarantee Association, while absolute in form, were given as security and were in effect mortgages. They were at all times recognized and treated by both defendants as such. When the deeds were executed, certificates were issued to plaintiff to the effect that the title to the real estate was held by the company to indemnify it from all loss on account of the bond issued, and for the money advanced and to be advanced. The proceedings in the foreclosure suit are set forth in defendants’ answer. The conditions upon which the money was…
2Cases cited7 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Barrett v. FailingOregon Supreme Court · 1879
- Neil v. TolmanOregon Supreme Court · 1885
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Stillwell v. HillOregon Supreme Court · 1917
- Andrews v. Wade & De Young, Inc., P.C.Alaska Supreme Court · 1997
- Herrett v. Warmsprings Irrigation DistrictOregon Supreme Court · 1917
- Kirkham v. HarrisAppellate Court of Illinois · 1936