Peery v. Fletcher
Oregon Supreme Court
From Yamhill: Harry H. Belt, Judge. Department 2. This is an appeal by plaintiff from a judgment overruling a demurrer to the defendant’s answer and granting a judgment in favor of the defendant as for want of a reply. The action is brought by the administrator of the estate of Catherine E. Martin, deceased, to recover rent reserved in two leases.
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From Yamhill: Harry H. Belt, Judge. Department 2. This is an appeal by plaintiff from a judgment overruling a demurrer to the defendant’s answer and granting a judgment in favor of the defendant as for want of a reply. The action is brought by the administrator of the estate of Catherine E. Martin, deceased, to recover rent reserved in two leases. On the seventeenth day of October, 1915, Catherine E. Martin, now deceased, was the owner and in the possession of an estate for her own life of two parcels of land containing 56 acres. On that date, by her guardian, she leased 45 acres of the tract…
1Opinion of the CourtBean, J.
It is submitted on behalf of plaintiff that where a tenant for life leases the real property to a subtenant and such tenant plants an annual crop and his estate terminates by the death of the life tenant after the planting of crops of annual growth and before the day for payment of rent, the under-tenant is entitled to such annual crops growing at the time of the death of his lessor as emblements and is entitled to ingress and egress to and from the land for the purpose of removing the same. Therefore as the defendant had the full benefit of the issues and profits of the land for the full…
2Cases cited27 opinions
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Norris v. HarrisCalifornia Supreme Court · 1860
- Keating v. SpringerIllinois Supreme Court · 1893
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
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3Cited by32 opinions
- Smothers v. Gresham Transfer, Inc.Oregon Supreme Court · 2001
- State v. HansenOregon Supreme Court · 1987
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
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