Ford v. Oregon Electric Ry. Co.
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Bean.This is a suit in equity by Frank Ford against the Oregon Electric Railway Company, a corporation.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Bean.This is a suit in equity by Frank Ford against the Oregon Electric Railway Company, a corporation. The defendant, an electric railway corporation, appeals from a decree requiring it to stop its local trains for the accommodation of passengers at a road crossing near the house on the land of plaintiff, in performance of a contract executed August 25, 1906, by Tilmon Ford, accepted by defendant, and duly recorded, the material parts of which, omitting description of the land, is as follows: “Know all men by these presents, that…
1Opinion of the CourtJustice Bean
We deem it better to consider the facts alleged in the complaint, combined with the evidence in the case. It is argued upon the part of defendant that, as the land was devised to plaintiff by Tilmon Ford, the covenantee, the covenant is merely personal to Tilmon Ford; that the covenant extends to a thing not in esse, and does not run with the land, and for this reason the plaintiff can*282not maintain- this suit, citing authorities based upon Spencer’s Case, 5 Coke, 16a, 1 Smith, Lead. Cas. 174 (note 11 Cyc. 1080), from which we quote as follows:
“Spencer demised a house and lot to S. for years.…
2Cases cited19 opinions
- Stanislaus Water Co. v. BachmanCalifornia Supreme Court · 1908
- Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
- Gilmer v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
- Scheller v. Tacoma Railway & Power Co.Washington Supreme Court · 1919
- United States v. FloreaDistrict Court, D. Oregon · 1945
- Beck v. Lane CountyOregon Supreme Court · 1933
- Fitzstephens v. WATSONOregon Supreme Court · 1959
9 more not listed; retrieve them via the Exa API.