Springer v. Jenkins
Oregon Supreme Court
From Harney: George E. Davis. Judge. Statement by Mr. Chiee Justice BeaN. This is an action of trover by L. B. Springer against Thomas E. Jenkins and his brother for the alleged conversion by defendants of certain sheep belonging to the estate of Frank Martin, deceased.
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From Harney: George E. Davis. Judge. Statement by Mr. Chiee Justice BeaN. This is an action of trover by L. B. Springer against Thomas E. Jenkins and his brother for the alleged conversion by defendants of certain sheep belonging to the estate of Frank Martin, deceased. The complaint alleges that Martin died in October, 1903, owning and in possession of 1,600 head of stock and sheep, “branded 5 oh wool on back, and marked with different earmarks,” of the value of $3,500; that soon after his death, and before the appointment of an administrator of his estate, the defendants, without right or…
1Opinion of the CourtChief Justice BeaN
The jury found from the testimony, under the law as •given to them by the court, that the foreclosure of the chattel mortgage by the defendants was premature, because the debt secured thereby was not then due and none of its provisions had been broken at the time, and therefore the foreclosure proceedings were irregular and void and did not constitute a defense to this action. There are no errors predicated upon this branch of the case. The only questions necessary for us to consider arise on the rulings of the trial court that the defendants could not show the amount of the mortgage debt in…
2Cases cited19 opinions
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Bryan v. . BaldwinNew York Court of Appeals · 1873
- Buchtel v. EvansOregon Supreme Court · 1891
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Rugh v. OttenheimerOregon Supreme Court · 1877
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Swank v. ElwertOregon Supreme Court · 1910
- Hall v. WorkOregon Supreme Court · 1960
- Larson v. Quanrud, Brink & ReiboldNorth Dakota Supreme Court · 1951
- Barber v. Motor Investment Co.Oregon Supreme Court · 1931
- Holman Transfer Co. v. Pacific Northwest Bell Telephone Co.Oregon Supreme Court · 1979
18 more not listed; retrieve them via the Exa API.