Smith v. Howell
Oregon Supreme Court
From Harney: Gustav Anderson, Judge. In Banc. This is a suit to restrain the defendants from using or preventing plaintiffs’ use of 750 tons of hay, and for an accounting for the use and occupation, or rents, issues and profits, for a certain parcel of land redeemed from sheriff’s sale during the time the same was occupied by the purchaser thereunder.
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From Harney: Gustav Anderson, Judge. In Banc. This is a suit to restrain the defendants from using or preventing plaintiffs’ use of 750 tons of hay, and for an accounting for the use and occupation, or rents, issues and profits, for a certain parcel of land redeemed from sheriff’s sale during the time the same was occupied by the purchaser thereunder. It appears that on January 22, 1918, plaintiffs filed an amended complaint which, omitting the authorization to so file and the allegation of the corporate existence of defendant, Pacific Live Stock Company, is as follows: _ “That all the dates…
1Opinion of the CourtOlson, J.
This case coming up on demurrer to the amended complaint the allegations therein, as far as this court is concerned, form the undisputed facts. The question presents itself in a two-fold aspect. First, are the plaintiffs the owners of the hay cut and severed from the realty, and, second, are the plaintiffs entitled to the equitable relief sought in this suit. As to the first point it is contended by the defendants that upon the redemption of realty from the sheriff’s sale, all crops raised upon the premises during the time the purchaser under such sheriff’s sale holds possession of the…
2Cases cited21 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Stockwell v. . PhelpsNew York Court of Appeals · 1866
- Churchill v. AckermanWashington Supreme Court · 1900
- Aultman & Taylor Co. v. O'DowdSupreme Court of Minnesota · 1898
- Johnston v. FishCalifornia Supreme Court · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- National Bank of Alaska v. J. B. L. & K. of Alaska, Inc.Alaska Supreme Court · 1976
- Hawkins v. City of La GrandeOregon Supreme Court · 1992
- Flaherty v. BookhultzOregon Supreme Court · 1956
- People v. GustafsonCalifornia Court of Appeal · 1942
- Haskin v. GreeneOregon Supreme Court · 1955
10 more not listed; retrieve them via the Exa API.