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KOHLER v. GILBERT ET UX

216 Or. 483 (1959)

339 P.2d 1102

KOHLER v. GILBERT ET UX

Supreme Court of Oregon.

Affirmed as modified May 27, 1959.

Attorney(s) appearing for the Case

James C. Goode, of Eugene, and Martin P. Gallagher, Ontario, argued the cause for appellants. With them on the brief were Gallagher & Gallagher, of Ontario, and Harris, Butler, Husk & Gleaves, and Robert W. Hill, of Eugene.

William D. Cramer, of Burns, argued the cause for respondent. With him on the brief were Taylor and Miller, of Gold Beach, and Cramer and Gronso, Burns.

Before McALLISTER, Chief Justice, and ROSSMAN, LUSK, WARNER, PERRY, CRAWFORD and MILLARD, Justices.

AFFIRMED AS MODIFIED.

MILLARD, J. (Pro Tempore)

This is an appeal by defendants from a decree of the Circuit Court of Malheur County wherein a warranty deed, bill of sale, and so-called "defeasance agreement" were construed to be an equitable mortgage. Plaintiff was further decreed to be the owner of certain realty covered by said mortgage, and in connection therewith, in effect it was held that a half interest in...

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