Wheeler v. Steadman
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 1. The complaint is in replevin. The plaintiff avers: “That he now is and at all times hereinafter mentioned has been the owner and entitled to the possession of the following described personal property and which is now in the.possession of the defendant.”
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From Lane: George F. Skipworth, Judge. Department 1. The complaint is in replevin. The plaintiff avers: “That he now is and at all times hereinafter mentioned has been the owner and entitled to the possession of the following described personal property and which is now in the.possession of the defendant.” The property described includes several cows and a calf, lumping the value of the herd at $215, a sorrel horse of the value of $75.80, and'a lot of other personal property of various items, at a gross value of $75. The complaint concludes with the averment: ‘ ‘ That the defendant is…
1Opinion of the CourtBurnett, C. J.
1. The plaintiff assigns as error, first, that the court was wrong in permitting the defendant to testify that he had given mortgages on the stock, and that some of it was subject to mortgage at the time of the trial. It is presumed “that a person is the owner of the property from exercising acts of ownership over it”: Or. L., § 799, subd. 12. Mortgaging property is an act of ownership by the mortgagor, and he himself is competent to testify to those acts to which the presumption mentioned attaches.
2. The defendant asserted ownership of the property, and demanded its return. In this…
2Cases cited7 opinions
- Byers v. FergusonOregon Supreme Court · 1902
- Schoellhamer v. RometschOregon Supreme Court · 1894
- Marx & Jorgenson v. CroisanOregon Supreme Court · 1889
- Templeton v. LloydOregon Supreme Court · 1910
- Capital Lumbering Co. v. HallOregon Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- MacK Trucks, Inc. v. TaylorOregon Supreme Court · 1961
- Wodecki v. WestOregon Supreme Court · 1940