Johnson v. Pacific Land Co.
Oregon Supreme Court
From Hood River: William L. Bbadshaw, Judge. Action by John R. Johnson against the Pacific Land Company. From a judgment for .plaintiff, defendant appeals. Department 2. Statement by Mr. Justice Bean. This is an action for the possession of personal property. The cause was tried before a jury and a verdict rendered in favor of plaintiff. From a consequent judgment defendant appeals.
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From Hood River: William L. Bbadshaw, Judge. Action by John R. Johnson against the Pacific Land Company. From a judgment for .plaintiff, defendant appeals. Department 2. Statement by Mr. Justice Bean. This is an action for the possession of personal property. The cause was tried before a jury and a verdict rendered in favor of plaintiff. From a consequent judgment defendant appeals. In 1911 plaintiff was the owner of certain real property described in the complaint consisting of a tract of land with a modem dwelling-house valued at $3,500, and an orchard situated thereon, in Hood River…
1Opinion of the CourtJustice Bean
1. The question for determination is whether the water system installed on the premises became a part of the realty. It was the contention of the defendant that a mortgagee in possession suing for damages on account of the removal of fixtures must show the impairment of his security; and that the complaint is insufficient in this respect. However, a mortgagee left in possession of real property for the purpose of preserving the security and holding it together until it shall be applied to the indebtedness, who is not foreclosing and whose mortgage is not yet due, need not show that his…
2Cases cited8 opinions
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
- Buck v. PayneMississippi Supreme Court · 1876
- Helm v. GilroyOregon Supreme Court · 1891
- Caro v. WollenbergOregon Supreme Court · 1913
- Mayor of Jersey City v. KiernanSupreme Court of New Jersey · 1888
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3Cited by15 opinions
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- Williams v. HavensIdaho Supreme Court · 1968
- First State & Savings Bank v. OliverOregon Supreme Court · 1921
- Roseburg Nat. Bank v. CampOregon Supreme Court · 1918
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
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