Foss v. Newbury
Oregon Supreme Court
Clatsop county: Frank J. Taylor, Judge. Plaintiff appeals. This is a suit to foreclose a mortgage on certain real estate in Clatsop county, given by defendant to plaintiff.
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Clatsop county: Frank J. Taylor, Judge. Plaintiff appeals. This is a suit to foreclose a mortgage on certain real estate in Clatsop county, given by defendant to plaintiff. The answer admits the execution of the mortgage, but as a defense thereto alleges that it was given to secure a portion of the purchase price of the real estate described therein ■ that this land was valuable only on account of the growing timber thereon for logging and manufacturing purposes, and situate about one-quarter of a mile back from the John Day’s river, and the only ingress and egress from the land, and the only…
1Opinion of the CourtBean, J.
— It is contended on behalf of plaintiff that the answer of defendant only alleges a parol agreement to con*260rey to him the logging roads across Ronell’s land, made contemporaneous with the agreement for the sale of the premises described in the mortgage, and that such an agreement is within the provisions of the statute of frauds and void; that an easement being an interest in land, can only be acquired by a grant and ordinarily by deed or what is deemed to be equivalent thereto, is not denied. (Washburn on Easements, 23.) A parol license, merely, is not sufficient to create an easement. It…
2Cases cited5 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Whitney v. AllaireNew York Supreme Court · 1847
- Day v. LownSupreme Court of Iowa · 1879
- Cook v. ChurchmanIndiana Supreme Court · 1885
- Chandler v. ChildsMichigan Supreme Court · 1879
3Cited by9 opinions
- Claude v. ClaudeOregon Supreme Court · 1946
- Casner v. HoskinsOregon Supreme Court · 1912
- Papanikolas v. SampsonUtah Supreme Court · 1929
- Bonelli v. BurtonOregon Supreme Court · 1912
- Paxton-Eckman Chemical Co. v. MundellIndiana Court of Appeals · 1916
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