Abernethy v. Uhlman
Oregon Supreme Court
From Yamhill: William Galloway, Judge. This is a suit by Charles H. Abernethy by a cross-bill to an action against S. and F. Uhlman, as to the right to possession of 55 bales of hops. From a decree directing that the proceeds of a portion of the crop belonging to one Go Sun be applied pro rata on the claims of plaintiff and defendant, both parties appeal. Statement by Mr. Justice Eakin.
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From Yamhill: William Galloway, Judge. This is a suit by Charles H. Abernethy by a cross-bill to an action against S. and F. Uhlman, as to the right to possession of 55 bales of hops. From a decree directing that the proceeds of a portion of the crop belonging to one Go Sun be applied pro rata on the claims of plaintiff and defendant, both parties appeal. Statement by Mr. Justice Eakin. This is a suit commenced by cross-bill to an action pending as to the right to possession of 55 bales of hops, the conflict growing out of the following facts: The plaintiffs leased to defendant, Go Sun, a…
1Opinion
Decided October 6, 1908.
On Petition for Rehearing.
2Opinion of the CourtJustice Eakin
6. The point urged by the petition for rehearing is, that although the plaintiffs have no lien for their rental, yet the opinion is based on cases which authorize a lienor, when necessary for the protection of his lien, to make advances to a tenant upon a growing crop, and afterward to be reimbursed therefor out of such crop, both as against the tenant ánd prior liens. By the terms of the lease Go Sun was to make a crop, harvest it, and deliver to plaintiffs one-third thereof as rental; and, as stated in the opinion, the landlord and tenant,…
3Cases cited3 opinions
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- Sunol v. MolloyCalifornia Supreme Court · 1883
- Wheat v. WatsonSupreme Court of Alabama · 1877