Du Rette v. Miller
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by F. R. Du Rette against Inez B. Miller and Brandford J. J. Miller, to enjoin defendants from taking possession of, or turning stock into, a field occupied by the plaintiff under a lease. . On April 22, 1908, the defendants and others tenants in common, 12 in all, the heirs of G. B. Miller, deceased, attempted to lease to plaintiff about 220 acres of land, in two tracts, known as the…
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From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by F. R. Du Rette against Inez B. Miller and Brandford J. J. Miller, to enjoin defendants from taking possession of, or turning stock into, a field occupied by the plaintiff under a lease. . On April 22, 1908, the defendants and others tenants in common, 12 in all, the heirs of G. B. Miller, deceased, attempted to lease to plaintiff about 220 acres of land, in two tracts, known as the 100-acre and the 120-acre tracts. The terms of the lease were agreed upon, and it was signed by defendant Mrs. Miller…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1, 2. All the lessors who signed the lease acquiesced in the delivery of it to plaintiff, and if it is not binding on those not signing it, yet it operates to transfer to plaintiff the possession and right in the property for the term of the lease by those executing it, and thereby plaintiff became the tenant in common with the other *94owners. As the partition was made after the lease was executed, it was made subject to the lease as to all who signed it. Mrs. Miller cannot forfeit the lease for a breach of its terms. That can only be done by the lessors, or in…
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