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Osin v. Johnson

United States Court of Appeals for the District of Columbia
243 F.2d 653 (1957)


Facts

Osin (plaintiff) executed a deed for real property to Johnson (defendant) in exchange for a promissory note. Johnson promised to record a deed of trust to secure the promissory note. Johnson did not prepare or record a deed of trust. Johnson subsequently took loans from two different lenders secured by deeds of trust. In addition, several of Johnson’s creditors secured judgment liens against the subject property. The lenders filed suit to foreclose on the property pursuant to Johnson’s deeds of trust. Osin filed suit requesting rescission of her deed to Johnson, injunction against foreclosure, and other equitable relief as the court deemed proper. The trial court concluded that the lenders’ recorded deeds of trust and the liens of judgment creditors took priority over Osin’s unrecorded claim and awarded judgment of foreclosure in favor of the lenders and creditors. Osin appealed.

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Issue

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Holding and Reasoning (Burger, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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