Muir v. Jones
Oregon Supreme Court
Marion County: Reuben P. Boise, Judge. Action of replevin for an engine and boiler. These chattels were permanently affixed to the soil and constituted part of a sawmill built by a Mrs. Dennis, who afterward sold the land to the defendant’s grantor with a parol reservation of the mill. Defendant bought the ground without any knowledge of this parol agreement, and now claims the engine and boiler as appurtenances.
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Marion County: Reuben P. Boise, Judge. Action of replevin for an engine and boiler. These chattels were permanently affixed to the soil and constituted part of a sawmill built by a Mrs. Dennis, who afterward sold the land to the defendant’s grantor with a parol reservation of the mill. Defendant bought the ground without any knowledge of this parol agreement, and now claims the engine and boiler as appurtenances. The plaintiffs bought the mill from Mrs. Dennis after she had sold the land, and without any knowledge of the claim of defendant. The court instructed the jury that the mill was…
1Opinion of the CourtLord, C. J.
This was an action in replevin to recover a steam engine and boiler which the plaintiffs claim to own by purchase from one Sarah E. Dennis. Substantially the facts are these: Sarah E. Dennis, owning a farm on the Willamette River, purchased an engine, boiler, and other fixtures and attachments necessary to make a steam sawmill, and erected the same on her land to saw timber thereon, and also to saw timber which was cut from another farm owned by her on the same river a short distance above, and floated down to the mill. When Mrs. Dennis erected this steam sawmill on her land, she did not…
2Cases cited5 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Pea v. PeaIndiana Supreme Court · 1871
- Helm v. GilroyOregon Supreme Court · 1891
- Russell v. RichardsSupreme Judicial Court of Maine · 1833
- Fifield v. Maine Central RailroadSupreme Judicial Court of Maine · 1873
3Cited by15 opinions
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- Landigan v. MayerOregon Supreme Court · 1898
- Oakland Bank of Savings v. California Pressed Brick Co.California Supreme Court · 1920
- In re Seward Dredging Co.Court of Appeals for the Second Circuit · 1917
- Thomson v. SmithSupreme Court of Iowa · 1900
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