Cook v. Howard
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice McBride. This is an action by Mary A. Cook against A. A. Howard for forcible entry and detainer.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice McBride. This is an action by Mary A. Cook against A. A. Howard for forcible entry and detainer. The complaint is as follows: “Plaintiff, for her cause of action against the defendant, complains and alleges: That on or about March 24, 1901, plaintiff executed a lease to the defendant for the use of the following described premises, to wit: The north half and the southeast quarter of the northwest quarter of section 22, township 28 south of range 4 west of the Willamette Meridian in Douglas County, Oregon, or what is generally…
1Opinion of the CourtJustice McBride
1. Tested by the requirements of the above sections of the statute, the complaint fails to state a cause of action. It nowhere states that defendant entered by force or that he holds by force, as required by Section 7569. Nor does it state facts equivalent to an unlawful holding over by force, under the provisions of Section 7566.
*3742. The complaint states that plaintiff executed a lease to defendant, but does not give the terms of the lease, and states the legal conclusions that by its terms defendant’s tenancy has been a tenancy at sufferance.
“An estate at sufferance is where one comes into…
2Cited by2 opinions
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