O'Connor v. Oliver

Citations

• 45 Wash. 549
• 88 P. 1025
• 1907 Wash. LEXIS 511

Syllabus

<p>Ejectment — Injunction—To Prevent Removal oe Crop Pendente Lite. In an action of ejectment to recover land upon which there is a growing crop, it is not error to grant an injunction pendente lite to prevent the removal of the crop, on the allegation that the defendants in possession were trespassers threatening to remove the crop, where defendants made no showing to the contrary and they were permitted to remove the crop on the execution of a bond to the plaintiff.</p> <p>Frauds, Statute of — Oral Lease — Ratification. An oral agreement made in May, 1904, for a lease of lands for the crop season of 1905, in consideration of two-thirds of the crop, is taken out of the operation of the statute of frauds, where it appears that the tenants took possession and seeded'the land “at the proper time” and that in November, 1904, when the land was sold, the purchaser had knowledge of the oral lease, and expressly agreed that the tenants should have the use of the land under its terms for the season of 1905.</p>