166 P. 929 | Or. | 1917
Lead Opinion
The defendant commenced an action of forcible entry and detainer against the plaintiffs, who having answered, showing they had no legal defense, filed the complaint herein, in the nature of a cross-bill in equity, setting forth their alleged right to the possession of the demanded premises pursuant to which they had made thereon valuable improvements and furnished the defendant board and lodging amounting in all to $1,500, no part of which had been paid.
The answer herein denies the material averments of the complaint, and for a further defense alleges that the plaintiffs’ use and occupation of the land equaled the worth of ■ the improvements thus made and the value of the board and lodging so furnished.
A reply put in issue the allegations of new matter in the answer, and the cause being tried resulted in a decree awarding to plaintiffs, as the value of the improvements, $200 and imposed that sum as a lien on the premises, which were ordered to be sold to satisfy the burden declared. A supplemental decree permitted the defendant to deposit with the clerk of the lower court the money so awarded and thus avoid a forced sale of the land. From the latter decree the plaintiffs appealed. Their undertaking therefor was also subscribed by the American Surety Company, a corporation, to indemnify which the plaintiffs assigned to it all their right to the money so left with the clerk, but this sum was not withdrawn from his custody. The
Appeal Conditionally Dismissed.
Rehearing
Argued on merits October 10, modified and afifirmed October 25, 1918.
On the Merits.
(175 Pac. 671.)
Department 2.
For appellant there was a brief over the names of Mr. Albert Abraham and Mr. L. B. Sandblast, with an oral argument by Mr. Abraham.
For respondent there was a brief over the name of Messrs. Neuner <& Wimberly, with an oral argument by Mr. Geo. Nember, Jr.
This was a suit to enjoin an ac-' tion of forcible entry and detainer, and to enforce a specific contract to convey a tract of land. Pending the hearing in this court defendant died and J. M. Martin, his executor, was substituted as defendant. The controversy arises out of the following facts.
The evidence shows that Hodgson, his wife and family, and his brother William, to whom Thomas Hodgson assigned a half interest in the land, came upon the premises and did considerable improvement work, thus increasing the value thereof to an extent variously estimated by witnesses from $200 to $1,000, but found by the court to be $200. The sleeping accommodations became overcrowded, and defendant occupied a bed in an outbuilding with William Hodgson, to whose habits in respect to cleanliness and decency defendant had strong objections. The family consisted of Hodgson, his wife, brother, ,and four children, and later a fifth child was bom, and still later James Bennett, a brother of Mrs. Hodgson, came and lived with the family part of the time. The house consisted of a living-room, kitchen and one bedroom, and a cabin adjoining which was large enough for a bedroom and used as such, by defendant and William Hodgson. We are satisfied from the testimony the conditions about the house were very unsanitary and were unbearable to a person of defendant’s cleanly habits; that the cooking and board furnished were not
Modified and Affirmed.