Taylor v. Brown
Oregon Supreme Court
From Baker: Bobert Eakin, Judge. . Statement by Mr. Chibe Justice Bean. This is an action by A. J. Taylor against H. K. Brown and J. B. Snow to recover possession of certain well-boring machinery of the alleged value of $2,000. The complaint sets up title and right to possession in the plaintiff, wrongful and unlawful detention by the defendants, and a demand and refusal. The answer is a mere denial of the averments of the complaint.
Read the full summary
From Baker: Bobert Eakin, Judge. . Statement by Mr. Chibe Justice Bean. This is an action by A. J. Taylor against H. K. Brown and J. B. Snow to recover possession of certain well-boring machinery of the alleged value of $2,000. The complaint sets up title and right to possession in the plaintiff, wrongful and unlawful detention by the defendants, and a demand and refusal. The answer is a mere denial of the averments of the complaint. The plaintiff, to sustain the issue on his part, gave evidence tending to show that on January 9, 1902, one Chas. Frederick, being the owner of the property in…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. From the finding of the jury under the instructions of the court, it must be assumed, for the purposes of the appeal, that plaintiff was in actual possession of the property in controversy at the time it was taken by the defendants, and this is sufficient to enable him to maintain an action of replevin therefor against a wrongdoer: Faull v. Cooke, 19 Or. 455 (26 Pac. 662: 20 Am. St. Rep. 836); Casto v. Murray, 47 Or. 57 (81 Pac. 883). The court -ruled and instructed the jury that the bill of sale from Frederick to the plaintiff was not sufficient evidence…
2Cases cited6 opinions
- Faull v. CookeOregon Supreme Court · 1890
- Guille v. Wong FookOregon Supreme Court · 1886
- Casto v. MurrayOregon Supreme Court · 1905
- Fisher v. KellyOregon Supreme Court · 1896
- Wallace v. BaisleyOregon Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Macartney v. ShipherdOregon Supreme Court · 1911
- Lamont v. VingerMontana Supreme Court · 1921
- In re Wilson's EstateOregon Supreme Court · 1917
- Stadelman v. MinerOregon Supreme Court · 1916
- Fisher v. PaineOregon Supreme Court · 1957
15 more not listed; retrieve them via the Exa API.