COLE v. FOGEL ET AL


210 Or. 257 (1957)

310 P.2d 315

COLE v. FOGEL ET AL

Supreme Court of Oregon.

Affirmed as modified April 24, 1957.


Attorney(s) appearing for the Case

Clifford S. Beckett, Oregon City, argued the cause and filed briefs for appellant.

Laurence Osterman and Reginald Williams, Salem, argued the cause and filed a brief for respondents.

Before PERRY, Chief Justice, and LUSK, WARNER and KESTER, Justices.


AFFIRMED AS MODIFIED.

KESTER, J.

This is a suit to impress a resulting trust in favor of plaintiff on certain lands which were deeded to the defendant, Ione Fogel. Defendants in their answer denied the trust and claimed affirmatively that the deed to Ione Fogel was in fact a mortgage to secure a debt, and they sought to foreclose the mortgage. The trial court held that both sides had failed to prove their respective contentions and denied each party the requested...

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