Speake v. Hamilton
Oregon Supreme Court
Defendants appeal. The complaint alleges that in the year 1877 the plaintiff and a grantor of the plaintiff, Mary H. Speake, appropriated sixty inches of the waters of Fox creek for mining, mechanical and agricultural purposes; that said appropriation was prior in time and right to all other appropriations, except to fifteen inches owned by the defendants Hamilton; that in the same year they dug a ditch of sufficient capacity to take and carry away said waters to the lands…
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Defendants appeal. The complaint alleges that in the year 1877 the plaintiff and a grantor of the plaintiff, Mary H. Speake, appropriated sixty inches of the waters of Fox creek for mining, mechanical and agricultural purposes; that said appropriation was prior in time and right to all other appropriations, except to fifteen inches owned by the defendants Hamilton; that in the same year they dug a ditch of sufficient capacity to take and carry away said waters to the lands of the plaintiff, and used the same for mining and agricultural purposes, and that the plaintiffs and their grantors have…
1Opinion of the CourtSthahaN, J.
For all the purposes of this case, it may be assumed and I think the facts sufficiently appear from the record, that the land on Fox creek, in the year 1877, was all public lands of the United States; that Fox creek was a small stream carrying not more than one hundred and twenty inches of water upon an average; that some of the predecessors in interest of the appellants had diverted about twenty inches of water from said stream prior to 1877, and that the appellants have succeeded to whatever interest the said original appropriators had therein; that about the year 1877 the plaintiffs or…
2Cases cited3 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Atchison v. PetersonSupreme Court of the United States · 1874
- Kaler v. CampbellOregon Supreme Court · 1886
3Cited by8 opinions
- Crawford Co. v. HathawayNebraska Supreme Court · 1903
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
- Waldon v. BakerSupreme Court of Oklahoma · 1939
- Parkersville Drainage District v. WattierOregon Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.