Jackson v. Trullinger
Oregon Supreme Court
Appeal from Washington. The facts are stated in the opinion. It is not essential that by the terms or tenor of the deed the right to maintain the dam at the height of nine feet shall be expressly mentioned. The fact that it was “mill property” that was sold and conveyed, carries with it every right that is essential to the beneficial enjoyment of the property.
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Appeal from Washington. The facts are stated in the opinion. It is not essential that by the terms or tenor of the deed the right to maintain the dam at the height of nine feet shall be expressly mentioned. The fact that it was “mill property” that was sold and conveyed, carries with it every right that is essential to the beneficial enjoyment of the property. The covenants extend not only to the land itself, but to all such things as should be properly appurtenant to it, and pass by a conveyance of the freehold. (Powers v. Dennison, 30 Vermont, 752; Ycm Wagner v. Yam Nostrand, 19 Iowa, 427;…
1Opinion of the Court
By the Court,
Lord, O. J.:
This is a suit to foreclose a mortgage given by defendants to secure the payment of a promissory note, executed by John C. Trullinger to the plaintiff, on the 28th day of November, 1870, with interest. The defendants admit the execution of the note and mortgage, but deny that any payments have been made on the note sued on..
For a separate answer the defendants allege that the note and mortgage were given as a part of the purchase price of the property described in the mortgage, and further allege, substantially: That on the 28th day of November, 1870, the plaintiff…
2Cases cited5 opinions
- Sparks v. HessCalifornia Supreme Court · 1860
- Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
- Tabor v. . BradleyNew York Court of Appeals · 1858
- Oakley v. StanleyNew York Supreme Court · 1830
3Cited by11 opinions
- Callan v. WaltersCourt of Appeals of Texas · 1916
- Yellowstone Valley Co. v. Associated Mortgage Investors, Inc.Montana Supreme Court · 1930
- Fayter v. NorthUtah Supreme Court · 1906
- Majerus v. BartonNebraska Supreme Court · 1912
- United States v. GosslerDistrict Court, D. Oregon · 1945
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