Haines v. McKinnon
Oregon Supreme Court
From Harney : Morton D. Clifford, Judge. This is an action by Fred Haines to recover from A. J. McKinnon the possession of certain wheat, oats, and barley, and the complaint is in the usual form.
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From Harney : Morton D. Clifford, Judge. This is an action by Fred Haines to recover from A. J. McKinnon the possession of certain wheat, oats, and barley, and the complaint is in the usual form. The answer puts in issue the material allegations of the complaint, and for a separate defense sets up that the defendant is the Sheriff of Harney County, Oregon, and that, as such sheriff, he attached said grain as the property of the defendant in a writ of attachment theretofore issued out of the Circuit Court of the State of Oregon for said Harney County, in a cause then pending in said court,…
1Opinion of the Court
Mr. Chiee Justice Wolverton,
after stating the facts in the foregoing language, delivered the opinion.
1. The question for our determination is whether there was sufficient evidence to go to the jury from which they might infer that the plaintiff was the owner of the property which he seeks to recover. In order to establish his title thereto, he introduced the instrument of writing hereinbefore set out, and the testimony of himself, Martin, and Shaw. The instrument appears on its face, in one respect, to be a mere bill of sale, while there is couched in its terms an apparent ambiguity, arising…
2Cited by3 opinions
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- Kirkham v. B. F. Fullerton & SonSupreme Court of Oklahoma · 1912
- Mangelsdorf Bros. Co. v. KolpSupreme Court of Oklahoma · 1917