Page:Federal Reporter, 1st Series, Volume 5.djvu/330

 SlÔ 7EDKBAI< BSFOBTEB. �the beneflt o£ the lender, and the trustee was not bound to sell uutil he thouçht best for the payment of the loan, or was directed to do so by a court of equity, and, in the meantime, it was his duty to apply the rents and profits upon the debt. �Action at law to recover damages. �Benton KilUn, for plaintiJBf. �W. Lair Hill and H. Y. Thompson, for defendant, �Deady, D. J. The plaintiff, a British subject, brings tliia action to recover $16,000 damages, alleged to have been sus» tained by him on account of the refusai of the defendam, a citizen of Oregon, to deliver to him the possession of certain real property in Oregon, and wrongfully withholding the same from the plaintiff from July 6, 1877, to November 30, 187?. to-wit : the S. |- of lots 3 and 7 in block 38, and the undi- vided ^ of the N, J of lot 6, and the undivided ^ of the S. ^ of lot 7, in block 2 in the city of Portland, from which the defendant received rents during said period at the rate of $280 per month, or $4,70e in the aggregate; the undivided the Teal and Goldsmith farm therein, and the undivided ^ of a certain farm situated in Polk and Benton counties and known as the Teal and Goldsmith farm therein, the reason- able rental value of which, during said period, was $2,000 a year, or $2,800 in the aggregate; and, also, on account of the expense ineurred by the plaintiff in instituting and maintain- ing legal proceedings to enforce the sale of said lands over and above what it would have cost to dispose of the same if the defendant had surrendered the possession thereof to the plaintiff, as he was legally bound to do, $3,100, together with interest. The defendant demurs to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. �The facts stated in the complaint necessary to an under- standing of the question made in the argument upon the demurrer are these : �On August 19, 1874, the defendant Joseph Teal and Ber- nard Goldsmith, being the joint owners and tenants in com- ����
 * - of a certain farm situated in Lane county and known as