West Shore Mills Co. v. Edwards
Oregon Supreme Court
Yamhill County: Geo. H. Burnett, Judge. This is a suit to foreclose a landlord’s lien for rent. The facts show that on and prior to the first day of Oetobe, 1890, the West Shore Mills Company was the owner ánd in the possession of certain premises in Yamhill County, which, on or about that day, it leased to the defendant M. M. Edwards for the crop year of 1891. The mills company, about the twenty-eighth of April, 1891, by its warranty deed duly executed and delivered,…
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Yamhill County: Geo. H. Burnett, Judge. This is a suit to foreclose a landlord’s lien for rent. The facts show that on and prior to the first day of Oetobe, 1890, the West Shore Mills Company was the owner ánd in the possession of certain premises in Yamhill County, which, on or about that day, it leased to the defendant M. M. Edwards for the crop year of 1891. The mills company, about the twenty-eighth of April, 1891, by its warranty deed duly executed and delivered, granted and conveyed the said premises to one T. S. McDaniel in fee simple, without any reservation whatever, and at the same…
1Opinion of the CourtJustice Moore
1. Whether the assignor of a reversion can recover rent accruing after the assignment, is the question presented by this appeal. Rent is a compensation for the use of lands demised, and is treated as a profit arising out of lands and tenements corporeal: Wood, Landlord and Tenant, § 448. It is reserved to be paid by the lessee, and is enforced by express covenant, or such covenant is implied from its reservation. The covenant to pay rent runs with the land, and passes with the assignment of the reversion to the assignee: Tiedeman, Real Property, § 182. The rent, in such cases, accrues to the…
2Cases cited4 opinions
- Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868
- Van Wicklen v. PaulsonNew York Supreme Court · 1853
- Peck v. NorthropSupreme Court of Connecticut · 1845
- Grundin v. CarterMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
- Portland Trust & Savings Bank v. Lincoln Realty Co.Oregon Supreme Court · 1946
- Kaston v. PaxtonOregon Supreme Court · 1905
- Martin v. RoyerNorth Dakota Supreme Court · 1910
- Fry v. BomanSupreme Court of Kansas · 1903
- Chandler v. Pittsburgh Plate Glass Co.Indiana Court of Appeals · 1898
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