Legal Opinion

Darr v. Guaranty Loan Assoc.

Oregon Supreme Court

Decided July 17, 1905PublishedCited by 6 opinions

From Multnomah: Melvin 0. George, Judge. This is a suit by I. G. Darr against the Guaranty Savings & Loan Association and others to cancel a mortgage.

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From Multnomah: Melvin 0. George, Judge. This is a suit by I. G. Darr against the Guaranty Savings & Loan Association and others to cancel a mortgage. The complaint alleges the incorporation of the defendants the Guaranty Savings & Loan Association and the State Institution for Savings ; that the latter claims some interest in the realty involved ; that defendant Guesmer claims to be the assignee of the mortgage in question; that plaintiff is the owner of certain real property (describing it): “That on or about March 1, 1895, plaintiff executed to defendant Guaranty Savings & Loan Association…

1Opinion of the CourtChief Justice Wolverton

This suit is denominated by plaintiff as one to remove a cloud from title, but it is in reality for the cancellation of a mortgage upon the ground that the debt which it was given to secure has been fully paid and satisfied: The question presented is whether the complaint states facts sufficient to entitle plaintiff to the relief sought. The *91plaintiff evidently intended to bring himself within the principle enunciated by this court — that payments made to so-called building and loan associations by borrowers under the guise of premiums and dues would be treated as payments upon the principal,…

2Cases cited4 opinions

  1. Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
  2. Western Savings Co. v. HoustonOregon Supreme Court · 1901
  3. Irwin v. Washington Loan Ass'nOregon Supreme Court · 1903
  4. Epping v. Washington Invest. Assoc.Oregon Supreme Court · 1904

3Cited by6 opinions

  1. Simpson v. First Nat. BankOregon Supreme Court · 1919
  2. Interior Warehouse Co. v. DunnOregon Supreme Court · 1916
  3. Fones v. MurdockOregon Supreme Court · 1916
  4. Haaland v. MillerOregon Supreme Court · 1913
  5. Dryden v. DalyOregon Supreme Court · 1918

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