Benson v. Johnson
Oregon Supreme Court
From Douglas: George F. Skepworth, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff as trustee in bankruptcy of C. F. Smith and Dee Howard, both as individuals and as partners under the firm name of “The Roseburg Garage,” brought this action in replevin in the ordinary form to recover the possession of certain personal property said to have been owned by Smith prior to plaintiff’s election as trustee.
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From Douglas: George F. Skepworth, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff as trustee in bankruptcy of C. F. Smith and Dee Howard, both as individuals and as partners under the firm name of “The Roseburg Garage,” brought this action in replevin in the ordinary form to recover the possession of certain personal property said to have been owned by Smith prior to plaintiff’s election as trustee. The answer admits the official character of the plaintiff and his demands for the custody of the chattels, but otherwise denies the complaint. The defendant alleges that he…
1Opinion of the CourtJustice Burnett
1. A minor exception will be first determined. It is to the effect that the court erred in refusing to instruct the jury in substance that it is presumed that things in the possession of a person are owned by him; that a person is the owner of property upon exercising actual ownership over it, -and that until these presumptions are overcome by other evidence the jury is to accept them as binding so far as they apply to the facts of the case. It is true that Section 799, L. O. L., gives these in the list of disputable presumptions. The requests of the plaintiff to instruct the jury about them…
2Cases cited6 opinions
- Doon v. SmithOregon Supreme Court · 1893
- David v. Portland Water CommitteeOregon Supreme Court · 1886
- Walker v. GoldsmithOregon Supreme Court · 1886
- Leavengood v. McGeeOregon Supreme Court · 1907
- Beamish v. NoonOregon Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- Uhlmann v. Kin DawOregon Supreme Court · 1920
- Escalle v. MarkNevada Supreme Court · 1919
- Gallafent v. TuckerIdaho Supreme Court · 1929
- Oregon Mill & Grain Co. v. HydeOregon Supreme Court · 1918
11 more not listed; retrieve them via the Exa API.