Legal Opinion

Hostetler v. Eccles

Oregon Supreme Court

Decided December 23, 1920PublishedCited by 6 opinions

From Clackamas; James U. Campbell, Judge. Department 1. In substance, the complaint alleges that on April 24, 1915, the plaintiff leased some land from the Base Line Land Company, took possession, and remained in occupancy of the premises from that date until December, 1917. During the month of January, 1917, the lessor sold the property to the present defendant, also assigning and setting over unto him all of its interest in the lease.

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From Clackamas; James U. Campbell, Judge. Department 1. In substance, the complaint alleges that on April 24, 1915, the plaintiff leased some land from the Base Line Land Company, took possession, and remained in occupancy of the premises from that date until December, 1917. During the month of January, 1917, the lessor sold the property to the present defendant, also assigning and setting over unto him all of its interest in the lease. It is then stated that about October 28, 1917, while the plaintiff was yet in possession of the premises, the defendant demanded possession and tendered $200…

1Opinion of the CourtBurnett, J.

The lease involved was for the purpose of farming or agriculture, and it is said in Section 2546, Or. L.:

“When the leasing or occupancy is for the purpose of farming or agriculture, the tenant, or person in possession shall, after the termination of such lease or occupancy, have free- access to the premises to cultivate and harvest, or gather any crop or produce of the soil planted or sown by him before the service of notice to quit.”

1, 2. We are not unmindful of the principle that, when the termination of a lease is specified to occur at a certain date, the tenant who sows a crop which…

2Cases cited2 opinions

  1. Ball v. DoudOregon Supreme Court · 1894
  2. J. R. Meyers & Co. v. Pacific Construction Co.Oregon Supreme Court · 1891

3Cited by6 opinions

  1. Laam v. GreenOregon Supreme Court · 1922
  2. Hostetler v. EcclesOregon Supreme Court · 1924
  3. Calcagno v. HolcombOregon Supreme Court · 1947
  4. Weddle v. ParrishOregon Supreme Court · 1930
  5. White v. HullsMontana Supreme Court · 1921

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