Abraham v. Oregon & California R. R.
Oregon Supreme Court
From Douglas : J. W. Hamilton, Judge. Suit by Sol Abraham against the Oregon & California Bailroad Co. and others to enjoin maintenance of a hotel and diversion of water, and for damages.
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From Douglas : J. W. Hamilton, Judge. Suit by Sol Abraham against the Oregon & California Bailroad Co. and others to enjoin maintenance of a hotel and diversion of water, and for damages. The first cause of suit, in substance, is that on the twenty-eighth of February, 1888, the plaintiff and W. B. Willis conveyed to the defendant, the Oregon & California Bailroad Co., certain premises described in the complaint, by an ordinary warranty deed, the habendum clause of which is as follows : “To have and to hold the same, with all the privileges and appurtenances thereto belonging, to the said…
1Opinion of the CourtJustice Bean
This is not a suit to correct or reform a deed, and hence there are but two questions for decision on this appeal — first, whether, under the allegation that, at the time the deed was made by the plaintiff and Willis to the Oregon & California Railroad Co., it was understood and agreed that the words “for all legitimate railroad, depot, and warehouse purposes” should not mean or include a hotel or eating house, plaintiff is entitled to an injunction restraining the defendants from maintaining a hotel on the premises conveyed, because in violation of the terms of the grant; and, second, if…
2Cases cited12 opinions
- Robinson v. Missisquoi R. R.Supreme Court of Vermont · 1887
- Moran v. PratherSupreme Court of the United States · 1875
- Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1874
- Milwaukee & St. Paul Railway Co. v. Board of SupervisorsWisconsin Supreme Court · 1871
- Western Union Telegraph Co. v. RichSupreme Court of Kansas · 1878
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3Cited by6 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Hurst v. Lake Co., Inc.Oregon Supreme Court · 1932
- Tallmadge v. HooperOregon Supreme Court · 1900
- Tacoma Mill Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1916
- Louisville Property Co. v. CommonwealthCourt of Appeals of Kentucky · 1912
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