Berns v. Berns

4 Citing cases

  1. Investors Syndicate v. Smith

    105 F.2d 611 (9th Cir. 1939)   Cited 19 times
    Construing an Oregon statute which was originally identical to the original Washington statute, and was amended in 1927 by an amendment nearly identical to the Washington 1969 amendment

    Roberts v. Sutherlin, 4 Or. 219, 223; Cooke v. Cooper, 18 Or. 142, 148, 22 P. 945, 7 L.R.A. 273, 17 Am.St.Rep. 709; Coles v. Meskimen, 48 Or. 54, 56, 85 P. 67; Lambert v. Howard, 49 Or. 342, 345, 90 P. 150; Caro v. Wollenberg, 68 Or. 420, 428, 136 P. 866. Renshaw v. Taylor, 7 Or. 315, 326; Berns et al. v. Berns et al., 125 Or. 682, 687, 267 P. 1033. Caro v. Wollenberg, 83 Or. 311, 318, 163 P. 94.

  2. Miller v. Engelson

    358 P.2d 276 (Or. 1960)   Cited 2 times

    Similar rules of accounting are applicable where the mortgagee takes possession and rents the mortgaged property or occupies it himself. Reid v. Reid, 219 Or. 500, 348 P.2d 29, 38 (1959); Berns et al. v. Berns et al., 125 Or. 682, 687, 267 P. 1033 (1928); Renshaw v. Taylor, 7 Or. 315, 325-326 (1879); Osborne on Mortgages (1951), pp 422-425. In the present case the evidence supports the conclusion that plaintiffs exercised reasonable diligence in renting the property.

  3. Reid v. Reid

    348 P.2d 29 (Or. 1959)   Cited 18 times
    In Reid, for example, the plaintiffs filed a two-count complaint seeking relief under two alternative theories, breach of contract and adverse possession.

    We are not unmindful that ordinarily a mortgagee in possession has a responsibility to account for the reasonable value of the use and occupancy of the mortgaged premises during his possession thereof. Berns v. Berns, 125 Or. 682, 687, 267 P. 1033. In the instant case, however, an accounting would not appear to be called for, in that we have clear and convincing evidence from the defendant as to an agreement between Clifford and Clair in which the rental was expressly fixed.

  4. Berns v. Berns

    270 P. 918 (Or. 1928)

    Submitted on Petition for Rehearing July 31, 1928Rehearing denied and former opinion modified October 16, 1928 Original opinion, 125 Or. 682. For appellants, Messrs. Botts Winslow.