SMALL v. CAREY


522 P.2d 1202 (1974)

Jim SMALL et Ux., Appellants, v. Carol Bailey CAREY et al., Respondents.

Supreme Court of Oregon.

Decided May 31, 1974.


Attorney(s) appearing for the Case

Stephen Bruce Main, Pendleton, argued the cause and filed the brief for appellants.

Robert T. Mautz, Pendleton, argued the cause and filed the brief for respondents.

Before O'CONNELL, C.J. and McALLISTER, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.


TONGUE, Justice.

This is a suit for declaratory judgment to have a warranty deed, absolute in form, declared to be a mortgage and to declare that plaintiffs are the owners of certain real property in Umatilla County. The trial court entered a decree in favor of defendants based upon defendants' motion for judgment on the pleadings. Plaintiffs appeal. We affirm.

The facts are not in dispute. In 1969 plaintiffs entered into a transaction with L.R. Bailey and...

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