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BONE v. McDONALD

240 Or. 327 (1965)

401 P.2d 35

BONE v. McDONALD ET AL

Supreme Court of Oregon.

Affirmed April 21, 1965.

Attorney(s) appearing for the Case

J. Robert Jordan, Portland, argued the cause and submitted briefs for appellant.

Bruce Engel, Portland, argued the cause for respondents. On the briefs were Keane, Haessler, Bauman & Harper and Robert N. Gygi, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN and DENECKE, Justices.

AFFIRMED.

SLOAN, J.

In this case plaintiff sought to have a deed declared to be a mortgage. The trial court refused and dismissed the complaint. Plaintiff appeals.

Prior to 1947 plaintiff and defendant Neil McDonald were married. Defendant Michael John McDonald was their son. He was 5 years old in 1947. In that year plaintiff filed suit for divorce against Neil. At that time they owned a house in Portland, subject to a mortgage. There is dispute in...

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