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SMITH v. PORTLAND FED. S. & L. ASS'N.

207 Or. 546 (1956)

296 P.2d 481

298 P.2d 185

SMITH v. PORTLAND FEDERAL SAVINGS & LOAN ASSOCIATION ET AL

Supreme Court of Oregon.

Affirmed April 25, 1956.

Petition for rehearing denied, former opinion corrected June 6, 1956.

Attorney(s) appearing for the Case

H.H. Phillips, argued the cause for appellants. With him on the briefs were Henry Bauer and Phillips, Coughlin, Buell & Phillips, all of Portland.

Walter H. Evans, Jr., argued the cause for respondent. With him on the brief were Krause, Evans & Lindsay, and Jack L. Kennedy, all of Portland.

Before WARNER, Chief Justice, and ROSSMAN, LATOURETTE, and PERRY, Justices.

AFFIRMED.

PERRY, J.

This is a suit brought by the plaintiff Winona M. Smith to establish a mortgage lien upon real property situated in Portland, Oregon.

The basis of plaintiff's claim is that in November, 1950, the defendant Eldon Mills, who then held legal title to the real property, requested of the plaintiff money to pay the balance due upon his automobile, to purchase a new automobile, and to pay off the...

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