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BLUE RIVER SAWMILLS v. GATES

225 Or. 439 (1960)

358 P.2d 239

BLUE RIVER SAWMILLS, LTD., ET AL v. GATES ET AL

Supreme Court of Oregon.

Affirmed December 14, 1960.

Petition for rehearing denied January 17, 1961.

Attorney(s) appearing for the Case

Mark V. Weatherford, Albany, argued the cause for appellants. With him on the brief was Sidney E. Ainsworth, Ashland.

Karl T. Huston, Corvallis, argued the cause for respondents Gates. On the brief were Huston, Thomas & Johnson, Corvallis.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, GOODWIN and HOLMAN, Justices.

AFFIRMED.

WARNER, J.

This is a suit in equity, wherein plaintiff Blue River Sawmills, Ltd., a corporation, organized under the laws of the Province of British Columbia, Canada (hereinafter called Blue River), and plaintiffs Shroyer, husband and wife, seek to have a conveyance, absolute on its face, declared to be a mortgage and for further and related relief premised upon plaintiffs' theory that the consideration for a certain transaction had in January, 1956...

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