Harvey v. Lidvall
Oregon Supreme Court
From Umatilla: William E. Ellis, Judge. Statement by Mr. Chief Justice Bean. This is an action of trover by M. M. Harvey against Victor Lidvall.
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From Umatilla: William E. Ellis, Judge. Statement by Mr. Chief Justice Bean. This is an action of trover by M. M. Harvey against Victor Lidvall. It is alleged in the complaint that on the--day of November, or the - day of December, 1903, plaintiff was the special owner as mortgagee, and at the same time was mortgagee in possession, and entitled to the possession, of a three-fourths interest in and to a certain crop of grain grown and harvested during the season of 1903, from the southeast quarter of section 29, township 3 N., range 31 E. W. M.; that said grain was in the form of headings…
1Opinion of the CourtChief Justice Bean
1. To support the ruling of the trial court it is contended *560that the complaint does not state facts sufficient to constitute a cause of action because the mortgage, under which plaintiff claims, is not set out in the complaint, either in haec verba, or in substance, or legal effect. It has been held that, in an action by a mortgagee after condition broken, to recover possession of the mortgaged property, or in trover for its wrongful conversion, it is sufficient for plaintiff to allege generally that he is the owner and entitled to the possession, without setting out the source of his title:…
2Cases cited4 opinions
- Mayes v. StephensOregon Supreme Court · 1901
- Reinstein v. RobertsOregon Supreme Court · 1898
- Hutton v. ArnettIllinois Supreme Court · 1869
- First National Bank v. HendricksonSupreme Court of Minnesota · 1895
3Cited by6 opinions
- Briedwell v. HendersonOregon Supreme Court · 1921
- Commercial Securities, Inc. v. MastOregon Supreme Court · 1933
- Goodwin v. TuttleOregon Supreme Court · 1914
- Montesano Lum. & Mfg. Co. v. Portland Iron WorksOregon Supreme Court · 1920
- First National Bank v. McCrearyOregon Supreme Court · 1913
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