Beaver Lumber Co. v. Eccles
Oregon Supreme Court
From Columbia: Thos. A. McBride, Judge. This is an appeal by William Eccles and others from a decree of the circuit court enjoining them, at the instance of the Beaver Flume & Lumber Co., from cutting and removing certain timber, until a mortgage to secure the payment of $30,000, one half payable in one year and the remainder in two years from the date thereof, given by defendant Eccles to plaintiff April 8, 1902, is fully paid.
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From Columbia: Thos. A. McBride, Judge. This is an appeal by William Eccles and others from a decree of the circuit court enjoining them, at the instance of the Beaver Flume & Lumber Co., from cutting and removing certain timber, until a mortgage to secure the payment of $30,000, one half payable in one year and the remainder in two years from the date thereof, given by defendant Eccles to plaintiff April 8, 1902, is fully paid. The mortgage covers 1,800 acres of timbered land, and also the timber upon about 400 acres additional, together Avith certain fluming privileges and rights of way,…
1Opinion of the CourtJustice Wolverton
The questions involved are (1) whether plaintiff has shown a right to the relief sought, and, if so, (2) whether the defendants are entitled to stay the injunction by executing the proffered bond.
1. Ordinarily, a mortgagee has the right to restrain the commission of waste, where it tends to the impairment of his security. An action at law for trespass, if one lies, is not a certain nor always an adequate remedy in such cases, and it is therefore, as a general rule, unnecessarj to allege insolvency of the mortgagor, or that the injury threatened is literally irreparable: 1 Jones, Mort. (2 ed.)…
2Cases cited10 opinions
- State v. Northern Central Railway Co.Court of Appeals of Maryland · 1862
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
- Buckout v. SwiftCalifornia Supreme Court · 1865
- Wood v. BraxtonU.S. Circuit Court for the District of West Virginia · 1892
- Vanderslice v. KnappSupreme Court of Kansas · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Tillman v. District CourtMontana Supreme Court · 1936
- Western Coach Corp. v. RoscoeArizona Supreme Court · 1982
- Harter v. ConeOregon Supreme Court · 1911
- Wheeler v. PetersonCourt of Appeals of Texas · 1959
- Grisso v. CrumpSupreme Court of Oklahoma · 1916