Elwert v. Marley
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. On Motion to Dismiss. Statement by Mr. Commissioner Slater. This suit was brought by Carrie M. Elwert against P. H. Marley, H. E. Noble, and J. Olsen to restrain them from interfering with, or making use of, certain alleged wharfage rights on the Willamette River, alleged to be appurtenant to and abutting upon lot 5, block 2, East Portland, Multnomah County, Oregon, and to belong to the plaintiff as owner of Said lot, and to adjudicate…
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From Multnomah: John B. Cleland, Judge. On Motion to Dismiss. Statement by Mr. Commissioner Slater. This suit was brought by Carrie M. Elwert against P. H. Marley, H. E. Noble, and J. Olsen to restrain them from interfering with, or making use of, certain alleged wharfage rights on the Willamette River, alleged to be appurtenant to and abutting upon lot 5, block 2, East Portland, Multnomah County, Oregon, and to belong to the plaintiff as owner of Said lot, and to adjudicate and determine any claim of title thereto asserted by the defendants adversely to plaintiff’s alleged rights. The answer…
1Opinion
Decided May 18,1909.
On Petition for Rehearing.
[101 Pac. 671.]
2Opinion of the CourtJustice Slater
4. The defendant Olsen urges that one who is in possession of property and takes a lease is not estopped to deny a landlord’s title, that the estoppel of the tenant to deny the landlord’s title does not exist after the expiration of the lease, and that the lease in question is for a part only of the premises, and therefore the estoppel would not run at all. None of these contentions has any merit as applied to the facts of this case. In support of the first of these contentions, Pearce v. Nix, 34 Ala. 183, Franklin v. Merida, 35…
3Cases cited4 opinions
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Franklin v. MeridaCalifornia Supreme Court · 1868
- Crockett v. AlthouseMissouri Court of Appeals · 1889
- Pearce v. NixSupreme Court of Alabama · 1859