Heitkemper v. Schmeer

This is suit seeking to restrain the building or maintaining of an apartment house on certain lots in Goldsmith’s addition to Portland.

On October 28, 1910, the Giles Investment Company, a corporation, conveyed Lots 16 and 17 of Block 11, Goldsmith’s Addition to Portland, to R. W. Schmeer, trustee. The consideration contributed by the trustee and seven others, of which plaintiff was one and who contributed one-ninth thereof, for the conveyance, was $12,000 — $4,500 in cash and the balance secured by a mortgage. On the same date, defendant, R. W. Schmeer, executed a declaration of trust in…