Legal Opinion

Isherwood v. Salene

Oregon Supreme Court

Decided April 23, 1912PublishedCited by 13 opinions

From Columbia: James A. Bakin, Judge. This is a suit by F. W. Isherwood, A. F. Smith, Chas. A. Burckhardt, David L. Williams and William T. Muir, against Christine Salene, to enjoin defendant from draining and reclaiming certain lands upon which plaintiffs claim the right to hunt wild duck and other water fowl. From a decree in favor of plaintiffs, defendant appeals.

1Opinion of the Court

Opinion by

Mr. Chief Justice Eakin.

On February 13, 1878, the defendant, Christine Salene, and her husband Charles, now deceased, conveyed to “H. T. and E. W. Bingham, and to their heirs and assigns forever, the sole and exclusive right, privilege and ease*574ment, to shoot, take and kill any and all wild duck and other wild fowl upon and in any and all lakes, sloughs and waters situate, lying or being upon our land,” etc. Plaintiffs are the grantees of the Binghams of such right and privilege, and they bring this suit to enjoin defendant from draining Wapato, Big Slavin, Round, and Knighton Lakes,…

2Cases cited2 opinions

  1. Bingham v. SaleneOregon Supreme Court · 1887
  2. Salene v. IsherwoodOregon Supreme Court · 1910

3Cited by13 opinions

  1. St. Helen Shooting Club v. MogleMichigan Supreme Court · 1926
  2. Winslow v. FleischnerOregon Supreme Court · 1924
  3. Seven Lakes Development Co. v. MaxsonWyoming Supreme Court · 2006
  4. Hanson v. Fergus Falls National Bank & Trust Co.Supreme Court of Minnesota · 1954
  5. Boyd v. ColganSupreme Court of Kansas · 1928

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