Legal Opinion

Roots v. Boring Junction Lumber Co.

Oregon Supreme Court

Decided December 17, 1907PublishedCited by 21 opinions

From Clackamas: Thomas A. McBride, Judge. Statement by Mr. Chiee Justice Bean. This is a suit by J. W. Roots against the Boring Junction Lumber Company to enjoin and restrain the defendant corporation from cutting and removing cord wood from land belonging to plaintiff.

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From Clackamas: Thomas A. McBride, Judge. Statement by Mr. Chiee Justice Bean. This is a suit by J. W. Roots against the Boring Junction Lumber Company to enjoin and restrain the defendant corporation from cutting and removing cord wood from land belonging to plaintiff. On June 28, 1902, plaintiff contracted to sell one 0. A. Palmer all the “saw timber” over nine inches in diameter on certain lands belonging to him including the S. % of S. W. 14 of section 31, township 1 S., range 4 E., in Clackamas County, for $10 an acre, to be paid in installments; the last payment falling due March 1,…

1Opinion of the CourtChief Justice Bean

1. By the decree from which this appeal is taken, the defendant was enjoined and restrained from cutting or removing- any timber or wood, whether cut or otherwise, from section 31, regardless of its size, quality or dimensions, except' the saw *311timber from a strip 11 rods wide along the east end of the S. | of S. W. ¿ of such section, and it was also enjoined and restrained from cutting or removing any trees or timber from section 6 under 12 inches in diameter; but it was authorized and permitted to take, at any time during the life of the contract, all the trees or timber on section 6,12…

2Cases cited15 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Savage v. SavageOregon Supreme Court · 1908
  3. Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
  4. Moore v. FloydOregon Supreme Court · 1872
  5. Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895

10 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State of Oregon v. DeweyOregon Supreme Court · 1956
  2. Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
  3. Arbogast v. Pilot Rock Lumber Co.Oregon Supreme Court · 1959
  4. Taylor v. TaylorOregon Supreme Court · 1909
  5. Pecos Valley Artesian Conservancy Dist. v. PetersNew Mexico Supreme Court · 1945

16 more not listed; retrieve them via the Exa API.

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