Hume v. Burns
Oregon Supreme Court
From Curry: James W. Hamilton. Judge. Statement by Mr. Chief Justice Bean. This is a suit by R. D. Hume against E. B. Burns to enjoin a trespass on real property.
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From Curry: James W. Hamilton. Judge. Statement by Mr. Chief Justice Bean. This is a suit by R. D. Hume against E. B. Burns to enjoin a trespass on real property. It is alleged that the plaintiff is the owner in fee of the property in question; that for about .... months prior to the commencement of this suit, the defendant, without right, unlawfully, vexatiously and willfully entered upon such premises, and deposited and kept thereon net racks and other fishing appliances, and lodged and cleaned fish thereon, and at various times occupied and used the premises as his own; that on or about…
1Opinion of the Court
*126Opinion by
Mr. Chief Justice Bean.
The only material question in this suit is the location of the southeasterly line of plaintiff’s premises. Plaintiff owns a narrow strip of rocky and sandy beach land along and in front of the Town of' Ellensburg, and extending to the Rogue River on the north. It is uninelosed and unimproved, and valued chiefly because it affords access to the waters of the river. In 1903, the defendant, who was engaged in taking salmon in the river for commercial purposes, used this land as a landing for boats and nets in -connection with his business; but such use did…
2Cases cited11 opinions
- Kitcherside v. MyersOregon Supreme Court · 1881
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Municipal Security Co. v. Baker CountyOregon Supreme Court · 1898
- Smith v. GardnerOregon Supreme Court · 1885
- Moore v. HallidayOregon Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Roy v. MooreSupreme Court of Connecticut · 1912
- Bottemiller v. BallOregon Supreme Court · 1929
- Sanborn v. FitzpatrickOregon Supreme Court · 1907
- Eastern Oregon Land Co. v. Willow River Land & Irrigation Co.Court of Appeals for the Ninth Circuit · 1912
- Wolfer v. HurstOregon Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.