O. R. & N. Co. v. McDonald
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice McBride. This is a suit in equity brought by the Oregon Railroad & Navigation Company, a private corporation, against Hector McDonald, and Margaret McDonald, to enjoin defendants from interfering with plaintiff in the construction of its branch line of railway from Elgin to Joseph, where the same crosses defendants’ land in Wallowa County.
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From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice McBride. This is a suit in equity brought by the Oregon Railroad & Navigation Company, a private corporation, against Hector McDonald, and Margaret McDonald, to enjoin defendants from interfering with plaintiff in the construction of its branch line of railway from Elgin to Joseph, where the same crosses defendants’ land in Wallowa County. On September 18, 1905, plaintiff purchased of defendants the right of way for the railroad over their land; the amount so purchased comprising in all about 20 acres and the price paid being…
1Opinion of the CourtJustice McBride
1. Plaintiff’s principal contention is that the limitation in the right of way deed from defendants is in legal effect a covenant, and not a condition. Forfeitures are not" favored in law, and the decisions abound in many subtle distinctions indulged in by the courts to avoid their frequently harsh consequences.
Before discussing the various and frequently unreconcilable decisions on this subject, it may be well to recur to elementary definitions: Littleton defines a condition as follows:
“Also, divers words (amongst others) there be, which by virtue of themselves make estates upon condition;…
2Cases cited7 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Post v. . WeilNew York Court of Appeals · 1889
- Hawley v. KafitzCalifornia Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hirshfield v. SchwartzCalifornia Court of Appeal · 2001
- Bernards v. LinkOregon Supreme Court · 1953
- Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
- Rayburn Et Ux. v. Crawford Et Ux.Oregon Supreme Court · 1949
- Seeck v. JakelOregon Supreme Court · 1914
9 more not listed; retrieve them via the Exa API.