Fendall v. Miller
Oregon Supreme Court
From Yamhill: George G. Bingham, Judge. In Banc. Plaintiff brings this suit to enjoin defendants from interfering with a certain gate across a right of way. Defendants, by their answer, asked that the plaintiff be restrained from constructing the gate. A decree was rendered in favor of plaintiff, from which defendants appeal.
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From Yamhill: George G. Bingham, Judge. In Banc. Plaintiff brings this suit to enjoin defendants from interfering with a certain gate across a right of way. Defendants, by their answer, asked that the plaintiff be restrained from constructing the gate. A decree was rendered in favor of plaintiff, from which defendants appeal. On October 8, 1904, P. E. Fendall was the owner of a tract of land consisting of 518.20 acres, situated near Willamina, in Yamhill County, Oregon, when he conveyed to Herman Miller and Katie D. Miller, defendants herein, 100 acres from the north side of this tract. At…
1Opinion of the CourtBean, J.
1. The rights of a person owning an easement in the land of another are measured and described by the purpose and character of that easement; and so far as is consistent therewith, the right to use the land remains in the owner of the fee: 9 R. C. L., p. 784, § 42.
2-4. The extent of an easement is to be determined by a true construction of the grant or reservation by which it is created, aided by any concomitant circumstances which have a legitimate tendency to show the intention of the parties. If the grant is specific in its terms, it is decisive of the limits of the easement. On the other…
2Cases cited16 opinions
- Winslow v. City of VallejoCalifornia Supreme Court · 1906
- Towns v. Klamath CountyOregon Supreme Court · 1898
- Reed v. Proprietors of Locks and Canals on Merrimac RiverSupreme Court of the United States · 1850
- Fanning v. GillilandOregon Supreme Court · 1900
- Flaherty v. FlemingWest Virginia Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
- Tipperman v. TsiatsosOregon Supreme Court · 1998
- City of Reedsport v. HUBBARD ET UX.Oregon Supreme Court · 1954
- Dyer v. CompereNew Mexico Supreme Court · 1937
- Jones Et Ux v. Edwards Et UxOregon Supreme Court · 1959
28 more not listed; retrieve them via the Exa API.