Culver v. Van Valkenburgh
Oregon Supreme Court
From Coos: John S. Coke, Judge. Statement by Mr. Chief Justice Eakin. This is an action by S. J. Culver against M. Van Valkenburgh and John Van Valkenburgh. The facts are as follows: On September 1, 1907, plaintiff executed to S. J. Huff a lease to certain lands for the term of five years, which contained mutual covenants, and Huff entered upon the premises thereunder.
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From Coos: John S. Coke, Judge. Statement by Mr. Chief Justice Eakin. This is an action by S. J. Culver against M. Van Valkenburgh and John Van Valkenburgh. The facts are as follows: On September 1, 1907, plaintiff executed to S. J. Huff a lease to certain lands for the term of five years, which contained mutual covenants, and Huff entered upon the premises thereunder. On April 1, 1908, he orally assigned and transferred his interest in the premises under the lease to defendant M. Van Valkenburg, who entered thereon and occupied the same until June 5, 1909, when she transferred them to one…
1Opinion of the Court
*449Opinion by
Mr. Chief Justice Eakin.
But two of the assignments of error need be considered:
1. (1) As to the effect of the oral transfer by Huff to defendant M. Van Valkenburgh of his leasehold interest in the premises. Tiffany on Landlord and Tenant (page 950) states that, for the purpose of enforcing the payment of rent, a person, other than the lessee, found in possession of the premises will be prima facie presumed to be In possession as assignee of the leasehold, which presumption may be rebutted by evidence that there was no actual assignment, or that he is a sublessee, in which latter…
2Cases cited3 opinions
- Daley v. RussCalifornia Supreme Court · 1890
- Ferguson v. IngleOregon Supreme Court · 1900
- Fontana v. Pacific Can Co.California Supreme Court · 1900
3Cited by7 opinions
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- Vancil v. PoulsonOregon Supreme Court · 1964
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
- Daniels v. Foster & KleiserOregon Supreme Court · 1920
- Moline v. Portland Brewing Co.Oregon Supreme Court · 1914
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