Helm v. Gilroy
Oregon Supreme Court
Jackson county: L. R. "Webster, Judge. Plaintiff appeals. The property in controversy in this suit is certain machinery necessary for and used in operating what is known as a sash and door factory and planing mill at Ashland, Oregon. This machinery was purchased on April 22, 1887, of the Parke & Lacy Machinery Company, of Portland, by defendant Wm. M. Gilroy, and one Youle, who were the owners of the real estate, water-power and building in which the machinery was placed.
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Jackson county: L. R. "Webster, Judge. Plaintiff appeals. The property in controversy in this suit is certain machinery necessary for and used in operating what is known as a sash and door factory and planing mill at Ashland, Oregon. This machinery was purchased on April 22, 1887, of the Parke & Lacy Machinery Company, of Portland, by defendant Wm. M. Gilroy, and one Youle, who were the owners of the real estate, water-power and building in which the machinery was placed. The agreement between the P. & L. M. Co. and Gilroy & Youle was, in form, a lease for twelve months, at a stipulated…
1Opinion of the CourtBean, J.
— This case comes here on appeal from an order denying a preliminary injunction. The record is in a very unsatisfactory condition. In place of trying the issue between the parties in the original suit to foreclose plaintiff’s mortgage, as should have been done, it seems it was tried on a proceeding for a preliminary injunction, in aid of the original suit. In this proceeding, the court, after hearing the evidence, not only denied the writ, but entered a decree determining the question as to whether the property in controversy was subject to the lien of plaintiff’s mortgage, thereby…
2Cases cited8 opinions
- Henkle v. DillonOregon Supreme Court · 1888
- Thomas v. DavisSupreme Court of Missouri · 1882
- Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886
- Smith v. WalkerMichigan Supreme Court · 1885
- Jacobs Bros. & Co. v. ErvinOregon Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State Highway Commission v. Superbilt Manufacturing Co.Oregon Supreme Court · 1955
- Security Savings & Trust Co. v. Portland Flour Mills Co.Oregon Supreme Court · 1927
- Chase v. Tacoma Box Co.Washington Supreme Court · 1895
- Roseburg Nat. Bank v. CampOregon Supreme Court · 1918
- Christopher v. DavisCourt of Appeals of Texas · 1926
19 more not listed; retrieve them via the Exa API.