Lyons v. Chaffee

• Decision Date: 07 March 1916
• Citation: 79 Or. 485,154 P. 688
• Parties: LYONS v. CHAFFEE.
• Court: Oregon Supreme Court

154 P. 688

79 Or. 485

LYONS v. CHAFFEE.

Supreme Court of Oregon

March 7, 1916

Department 1.

Appeal from Circuit Court, Hood River County; W. L. Bradshaw, Judge.

Suit by Electa Helen Lyons against Charles J. Chaffee. From a decree for defendant, plaintiff appeals. Affirmed.

This is a suit in the nature of a strict foreclosure of the rights of the defendant under bond for a deed which reads as follows:

"Know all men by these presents that we, Electa H. Lyons and Elmer E. Lyons, wife and husband, of Forest Grove, Oregon are held and firmly bound unto C.J. Chaffee, of Hood River Oregon, in the sum of $3,500, to be paid to the said C.J Chaffee, his executors, administrators, or assigns, for which payment well and truly to be made we bind ourselves our heirs, executors, and administrators, firmly by these presents. Sealed with our seals and dated the 18th day of July, A. D. 1911. The conditions of this obligation are such that if the above-bounden obligor shall, on or before the 20th day of July, A. D. 1916, make, execute, and deliver unto the said C.J. Chaffee (provided that the said C.J. Chaffee shall on or before that day have paid to the said obligor the sum of $2,500 gold coin of the United States of America, together with interest thereon at the rate of 7 per cent. per annum, payable semiannually, in like gold coin, at the Butler Bank, Hood River, Oregon) a good and sufficient deed of all the certain lot, piece, or parcel of land situated in the county of Hood River and state of Oregon and bounded and described as follows, to wit: Beginning at a point one rod south from the northwest corner of the southeast quarter of section sixteen in township two north, range ten east of the Willamette meridian; running thence south 25 rods; thence east 32 rods; thence north 25 rods; and thence west 32 rods to the place of beginning, containing five acres. Also a strip of land about one rod wide and 32 rods long along the north line of the above-described tract (being a strip of land lying between the above-described tract and the center section line running east and west), to be used for road purposes; and also a right of way along the north line of tract first above described for irrigation ditch, or flume or pipe line--and shall thereby convey the title in fee simple of said premises free and clear of all incumbrances to the said C.J. Chaffee, then this obligation shall be void; otherwise to remain in full force and virtue. Electa H. Lyons. [ [Seal.] Elmer E. Lyons. [ Seal.]"

The complaint alleged nonpayment of two installments of interest, and prayed that defendant's interest in the property be foreclosed. There was a general demurrer to the complaint, which was overruled, and the defendant given ten days in which to answer. It incidentally appears that an answer was filed and testimony taken, but the answer is not brought up; defendant depending here upon the sufficiency of his demurrer. There was a decree for plaintiff. The defendant, being dissatisfied, appeals.

S. W. Stark, of Portland, for appellant. George R. Wilbur, of Hood River, for respondent.

McBRIDE, J. (after stating the facts as above).

The bond for a deed transferred the equitable title in the property to defendant, leaving in the vendor the legal title as security for payment of the purchase price and interest according to its terms. Knott v. Stephens, 5 Or....