Bond v. Ellison
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit by Samuel L. Bond and others against James Ellison to cancel a conveyance of a quarter-section of timber land from plaintiff to tbe Bellingham Development Company, and a mortgage executed by the last-named company to James Ellison.
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From Lane: Lawrence T. Harris, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit by Samuel L. Bond and others against James Ellison to cancel a conveyance of a quarter-section of timber land from plaintiff to tbe Bellingham Development Company, and a mortgage executed by the last-named company to James Ellison. The history of the transaction is about as follows: In May, 1911, Samuel L. Bond and ten associates were the owners of about 1,900 acres of timber land in Lane County, Oregon. They transferred the property to Marvin L.'Hammitt and Hal E. Wood, as trustees, to hold the…
1Opinion of the CourtJustice Bean
delivered the opinion of .the court.
1. Ellison claims under his mortgage as an innocent purchaser for value without notice. This is an affirmative defense, and is alleged by the defendant, and must be proved: Weber v. Rothchild, 15 Or. 385, 389, 391 (15 Pac. 650, 3 Am. St. Rep. 162); Hyland v. Hyland, 19 Or. 51, 55 (23 Pac. 811); Barnes v. Spencer et al., 79 Or. 205 (153 Pac. 47, 51).
2, 3. The main question presented in this case is one of fact. Bealizing the importance of the suit, the *638number of people interested, and the amount involved, we have given the record our most careful attention…
2Cases cited9 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Stearns v. . GageNew York Court of Appeals · 1879
- Hyland v. HylandOregon Supreme Court · 1890
- Bowman v. MetzgerOregon Supreme Court · 1895
- Barnes v. SpencerOregon Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moll v. TurnbowOregon Supreme Court · 1936
- Farmers' Nat. Bank v. RenfroOregon Supreme Court · 1919
- Everding & Farrell v. ToftOregon Supreme Court · 1915