German Savings & Loan Society v. Gordon
Oregon Supreme Court
Statement by Mr. Chief Justice Moore. The following is a plat showing the property and way in controversy: This is an appeal by the defendant, George W. Gordon, from a decree enjoining him from obstructing an alleged private way over part of his land on which the plaintiff, the German Savings & Loan Society, a private corporation asserts that it has an easement, as an incident to its ownership of adjoining land.
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Statement by Mr. Chief Justice Moore. The following is a plat showing the property and way in controversy: This is an appeal by the defendant, George W. Gordon, from a decree enjoining him from obstructing an alleged private way over part of his land on which the plaintiff, the German Savings & Loan Society, a private corporation asserts that it has an easement, as an incident to its ownership of adjoining land. The facts are that on January 30, 1891, Mrs. Leaner Gray, being .the owner of lots 1, 2, 7, and 8, in block 37, of Caruther’s addition to Caruther’s addition to the city of Portland,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. The question to be considered is whether or not a right to use a passageway was impliedly granted by the mortgage, so that, upon the foreclosure thereof and a sale and conveyance of the premises, an easement became appurtenant thereto. An easement is a right in one person to do certain acts on another’s land, or to compel such other to refrain from doing certain acts thereon. Tiffany, Real Property, p. 677.
2. As Mrs. Gray placed the stairs.and walk on her own land, the legal title to which she retaind for that purpose, her authority to use the way cannot…
2Cases cited11 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Simmons v. WintersOregon Supreme Court · 1891
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Cihak v. KlekrIllinois Supreme Court · 1886
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3Cited by20 opinions
- Miles v. BodenheimCourt of Appeals of Texas · 1917
- Dressler v. IsaacsOregon Supreme Court · 1959
- Bloomfield v. WeaklandCourt of Appeals of Oregon · 2008
- Jack v. HUNT ET UX.Oregon Supreme Court · 1953
- Johnson v. GustafsonIdaho Supreme Court · 1930
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