Reichert v. Sooy-Smith
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Action by S. F. Reichert against Josephine SooySmith in which a judgment was entered on the verdict of a jury and defendant appealed. Reversed and remanded. Department 1. Statement by Mr. Justice Benson.
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From Jackson: Frank M. Calkins, Judge. Action by S. F. Reichert against Josephine SooySmith in which a judgment was entered on the verdict of a jury and defendant appealed. Reversed and remanded. Department 1. Statement by Mr. Justice Benson. A mortgage upon a certain orchard of 19 -acres having been foreclosed in the regular way, one F. L. Ton Yelle became the purchaser at execution sale and thereafter the plaintiff bought from Tou Velle all of his interest in the • premises. Plaintiff entered into possession of the property, cultivated, pruned, sprayed and otherwise cared for the fruit…
1Opinion of the CourtJustice Benson
1. We,shall first consider the demurrer to the complaint, the overruling of which is assigned as error. This pleading was evidently framed and the cause was tried upon the theory that the purchaser of real property at an .execution sale stands in the shoes of a mortgagee in possession, and is therefore entitled to recover from a redemptor the moneys necessarily expended by him in preserving the estate from loss and injury. If this theory were correct, we might hold the complaint sufficient to justify an accounting and recovery of such moneys as had been necessarily expended in the…
2Cases cited2 opinions
- Higgs v. McDuffieOregon Supreme Court · 1916
- Doerhoefer v. FarrellOregon Supreme Court · 1896
3Cited by10 opinions
- Haskin v. GreeneOregon Supreme Court · 1955
- Caldwell v. ThiessenIdaho Supreme Court · 1939
- Smith v. HowellOregon Supreme Court · 1918
- Stamate v. PetersonOregon Supreme Court · 1968
- Miller Et Ux v. Engelson Et UxOregon Supreme Court · 1960
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