McClung v. McPherson
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This action was commenced by J. H. McClung against W. E. McPherson in a justice’s court of Multnomah County to recover the .possession of certain real property, and, the cause being at issue and tried, plaintiff secured the judgment.
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From Multnomah: Alfred F. Sears, Jr., Judge. This action was commenced by J. H. McClung against W. E. McPherson in a justice’s court of Multnomah County to recover the .possession of certain real property, and, the cause being at issue and tried, plaintiff secured the judgment. An execution was issued thereon, and the demanded premises delivered to plaintiff, whereupon the defendant appealed from such judgment to the circuit court for that county, which, without a jury, tried the cause, and made findings of fact as follows: “(1) That on April 16, 1904, the date of commencing this action, the…
1Opinion
Decided 28 August, 1905.
On Motion for Rehearing.
2Opinion of the CourtJustice Moore
8. A petition for a rehearing having been filed, it is insisted by defendant’s counsel that in the former opinion a legal principle for which they contend was overlooked, to wit: That as the lease under which the defendant held the premises provided that the sum of $100, as rent, should be paid in advance on the 1st of each month, and also stipulated that in case of a sale of the real property a notice of 60 days should be given to determine the tenancy, and *86as the notice given by the Savings & Loan Society was served on the defendant February…
3Cases cited13 opinions
- Lowe v. BlissIllinois Supreme Court · 1860
- Bartlett v. O'DonoghueSupreme Court of Missouri · 1880
- Chamberlain v. HibbardOregon Supreme Court · 1894
- Hopwood v. PattersonOregon Supreme Court · 1862
- Dix v. AtkinsMassachusetts Supreme Judicial Court · 1881
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