Darr v. Guaranty Loan Assoc.
Oregon Supreme Court
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
- Washington Investment Ass'n v. StanleyOregon Supreme Court · 1901
- Western Savings Co. v. HoustonOregon Supreme Court · 1901
- Irwin v. Washington Loan Ass'nOregon Supreme Court · 1903
- Epping v. Washington Invest. Assoc.Oregon Supreme Court · 1904
3Cited by6 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Interior Warehouse Co. v. DunnOregon Supreme Court · 1916
- Fones v. MurdockOregon Supreme Court · 1916
- Haaland v. MillerOregon Supreme Court · 1913
- Dryden v. DalyOregon Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.