Smith v. Reeder
Oregon Supreme Court
Defendant appeals. We claim that the possession of the premises in dispute, which was acquired by the respondent on the nineteenth day of December last, was a forcible and unlawful possession, and is • condemned as such by our code and by the great preponderance of modern decisions on the subject. (2 Hill’s Code, § 3509; Masony. Powell, 38 N. J. L. 576; Seitz y. Miles, 16 Mich. 470; Ainsworth v. Barry, 35 Wis. 140; Steinleiny. Halstead, 42 Wis. 422; AUeny.
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Defendant appeals. We claim that the possession of the premises in dispute, which was acquired by the respondent on the nineteenth day of December last, was a forcible and unlawful possession, and is • condemned as such by our code and by the great preponderance of modern decisions on the subject. (2 Hill’s Code, § 3509; Masony. Powell, 38 N. J. L. 576; Seitz y. Miles, 16 Mich. 470; Ainsworth v. Barry, 35 Wis. 140; Steinleiny. Halstead, 42 Wis. 422; AUeny. Tobias, 77 Ill. 169; Warren v. Kelly, 17 Tes. 551; Holmes v. Holloioay, 21 Tex. 658; Masony. Hawes, 52 Conn. 12; 52 Am. Rep. 552; Treaty.…
1Opinion of the CourtBeaN, J.
This is an action of forcible entry and detainer. For the purposes of this appeal, a sufficient statement of facts is, that prior to the tenth day of October, 1890, defendant was in the possession of the disputed premises, as a tenant of plaintiff under a contract of leasing, which by its terms expired on the tenth day of October, 1890, as found by the jury. After the expiration of the lease, defendant refused upon demand to quit and surrender possession' of the premises to plaintiff; who thereupon sought the advice of counsel, and under their instruction, during the temporary absence of…
2Cases cited26 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Low v. ElwellMassachusetts Supreme Judicial Court · 1876
- Wood v. . PhillipsNew York Court of Appeals · 1870
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lindsey v. NormetSupreme Court of the United States · 1972
- Sommer v. ComptonOregon Supreme Court · 1908
- Crossen v. CampbellOregon Supreme Court · 1921
- Smith v. Detroit Loan & Building Ass'nMichigan Supreme Court · 1887
- Myer v. RobertsOregon Supreme Court · 1907
13 more not listed; retrieve them via the Exa API.