50 Or. App. 369 - French v. Boese’s Empirical Analysis

Citation profile

2 district · 2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““if the intent appears that property was conveyed and received as security for the fulfillment of an obligation, the form of the instrument becomes immaterial and the true nature of the transaction may be shown by parol evidence. Neither fraud, mistake nor accident need be proven. The primary inquiry relates to the intention of the parties at the time the transaction was consummated [sic ].””

   2 later decisions quote this exact passage
   e.g. Kreidler v. Taylor · 297 Or. App. 258 - Casebeer v. Krocker (In re Estate of Casebeer)

2. “Factors which may be used to help determine the intent of parties include, but are not limited to: (1) the situation of the parties including their business and social relationship, (2) price fixed in relation to the actual value of the property conveyed, (3) surrender of possession by grantor, (4) payment of taxes, (5) payment of rent, (6) liability by grantor to pay interest, (7) financial circumstances of the grantor, and (8) conduct of the parties before and after the transaction.”

   1 later decision quote this exact passage
   e.g. Kreidler v. Taylor

3. “'no conclusive test of universal application to determine whether a deed, absolute on its face, is a mortgage.'”

   1 later decision quote this exact passage
   e.g. 297 Or. App. 258 - Casebeer v. Krocker (In re Estate of Casebeer)