Crossen v. Campbell
Oregon Supreme Court
From Union: Gilbert W. Phelps, Judge. In Banc. On August 18, 1920, Mary Campbell was tbe owner of a life estate in tbe N. y2 of tbe NE. % and tbe NE. % of tbe NW. 1/4 of section 21, Tp. 3 S., R. 38 E, W. M., in Union County, Oregon, known as tbe Campbell place, and tbe defendant, Brooks Campbell, was tbe owner of tbe fee in tbe land subject to tbe life estate.
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From Union: Gilbert W. Phelps, Judge. In Banc. On August 18, 1920, Mary Campbell was tbe owner of a life estate in tbe N. y2 of tbe NE. % and tbe NE. % of tbe NW. 1/4 of section 21, Tp. 3 S., R. 38 E, W. M., in Union County, Oregon, known as tbe Campbell place, and tbe defendant, Brooks Campbell, was tbe owner of tbe fee in tbe land subject to tbe life estate. About June 10, 1918, Mary Campbell, by written lease demised these premises for tbe period of five years to tbe plaintiff, Edward Crossen, at an annual cash rental of $400, payable in certain annual installments. He entered into…
1Opinion of the CourtBean, J.
After a careful reading of the testimony we approve the findings of fact made by the Circuit Court as to the compliance of plaintiff with the stipulations of the lease, and that plaintiff is entitled to the possession of the premises.
1. The main question for determination arises in regard to the kind of judgment or decree that should be entered, where in an action at law the defendant sets up matter in his answer showing that he is entitled to relief arising out of facts requiring the interposition of a court of equity, and material to his defense, according to the provisions of Section 390,…
2Cases cited8 opinions
- Plews v. BurrageCourt of Appeals for the First Circuit · 1921
- Acton v. LambersonOregon Supreme Court · 1921
- Smith v. ReederOregon Supreme Court · 1892
- Hooper v. PennickOregon Supreme Court · 1921
- Dickinson v. MaguireCalifornia Supreme Court · 1858
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3Cited by18 opinions
- Lindsey v. NormetSupreme Court of the United States · 1972
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Fry v. DH Overmyer Co., Inc.Oregon Supreme Court · 1974
- Anderson v. HurlbertOregon Supreme Court · 1923
- Friedenthal v. ThompsonOregon Supreme Court · 1934
13 more not listed; retrieve them via the Exa API.