Ford v. Grimes

Defendant appeals a judgment that quieted title to real property in plaintiff, awarded plaintiff past due rent and dismissed defendant’s counterclaims. Defendant’s first two assignments of error relate to her counterclaims for a declaration of an equitable mortgage and a constructive trust, each of which must be proved by clear and convincing evidence. See Albino v. Albino, 279 Or 537, 550, 568 P2d 1344 (1977); Blue River Sawmills et al v. Gates et al, 225 Or 439, 447, 358 P2d 239 (1961). On de novo review, we conclude that there is no clear and convincing evidence of an equitable mortgage or…