Gardner v. Wright
Oregon Supreme Court
Statement by Mr. Commissioner King. This is a suit to determine the right to the use of the waters of Washington Creek, in Baker County, Oregon,- brought by Mary S. Gardner, Edna V. Stuchell, A. V. Swift, A. B. Swift, and L. L. Swift, against George E. Wright. By stipulation it is agreed that A. Y. Swift has succeeded to all the interests of the other Swifts named, and that he, with Mary S. Gardner and Edna V. Stuchell, are the sole plaintiffs in interest.
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Statement by Mr. Commissioner King. This is a suit to determine the right to the use of the waters of Washington Creek, in Baker County, Oregon,- brought by Mary S. Gardner, Edna V. Stuchell, A. V. Swift, A. B. Swift, and L. L. Swift, against George E. Wright. By stipulation it is agreed that A. Y. Swift has succeeded to all the interests of the other Swifts named, and that he, with Mary S. Gardner and Edna V. Stuchell, are the sole plaintiffs in interest. The complaint, in effect, alleges that plaintiffs, under and by virtue of prior appropriation of the waters of Washington Creek, as well…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
It is unnecessary to determine whether the court erred in sustaining plaintiffs’ motion to strike out defendant’s averment concerning riparian ownership, since the evidence as taken does, not indicate an intention to rely upon this defense. Plaintiffs, through their predecessors in interest, claim the entire flow of Washington Creek by prior appropriation, which is asserted through the Estes and Dill deed given to Gordon and Manville*622in 18G4, wherein the appropriation is expressed as having been first made by these grantors in June, 1862. The defendant, as…
2Cases cited39 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Sherman v. . KaneNew York Court of Appeals · 1881
- Raymond v. FlavelOregon Supreme Court · 1895
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3Cited by34 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Haight v. CostanichCalifornia Supreme Court · 1920
- Smith v. DuffMontana Supreme Court · 1909
- Anderson v. RichardsOregon Supreme Court · 1921
- Franktown Creek Irrigation Co. v. Marlette Lake Co.Nevada Supreme Court · 1961
29 more not listed; retrieve them via the Exa API.