Wilson v. Prettyman
Oregon Supreme Court
From Multnomah: Robert Tucker, Judge. Department 1. This is a suit which is brought to restrain the defendant from cutting and removing standing timber from the lands of plaintiff.
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From Multnomah: Robert Tucker, Judge. Department 1. This is a suit which is brought to restrain the defendant from cutting and removing standing timber from the lands of plaintiff. The complaint avers that upon a tract of land described therein, there is a large body of trees and timber suitable for cordwood; that since September 1, 1917, defendant has wrongfully and unlawfully entered upon plaintiff’s land and with employees has been cutting such timber into cordwood, and has thereby damaged plaintiff’s estate to the extent of $500. The prayer is for $500, as damages, and for a restraining…
1Opinion of the CourtBenson, J.
1. The substantial issues in this case are to be found in the defendant’s cross-complaint and the reply thereto. The defendant relies entirely upon the terms of the bill of sale for her right to enter upon plaintiff’s lands to cut and remove the standing timber. Plaintiff’s reply admits the execution of this contract by himself and wife, but alleges that it was signed by them, without reading it, relying upon- defendant’s representation that it was framed in accordance with their prior agreement, and that there was no consideration for its execution, and that the instrument was so framed by…
2Cited by2 opinions
- Clevenger v. SmithOregon Supreme Court · 1928
- Pendleton Grain Growers v. PedroOregon Supreme Court · 1975