Coventon v. Seufert
Oregon Supreme Court
Wasco County: Lionel R. Webster, Judge. This suit was brought by J. H. Coventon and Cincinnati, his wife, against F. A. Seufert, Anna Seufert, and T. J. Seufert to enjoin them from diverting the waters of an irrigating ditch.
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Wasco County: Lionel R. Webster, Judge. This suit was brought by J. H. Coventon and Cincinnati, his wife, against F. A. Seufert, Anna Seufert, and T. J. Seufert to enjoin them from diverting the waters of an irrigating ditch. The evidence shows that the land ovyned by the defendants, across which the ditch runs, was selected by the state of Oregon, July 18, 1864, under the provisions of the act of congress, approved September 4, 1841, and commonly known as the “Internal Improvement Grant.” This selection was approved by the commissioner of the general land office, and by the secretary of the…
1Opinion of the CourtMoore, J.
(after stating the facts). — 1. It may be stated as a general proposition of law, that if there has been an uninterrupted user and enjoyment of an easement in a particular way for more than ten years, it affords a conclusive presumption of right in the party who shall have enjoyed it, provided the use be not by authority of law or by agreement with the owner of the inheritance: Washburn, Easem. 2 ed. 106; Tolman v. Casey, 15 Or. 83 (13 Pac. Rep. 669). The evidence conclusively shows that from 1863 to 1885 there had been an uninterrupted use of this ditch by the plaintiffs, their predecessors…
2Cases cited2 opinions
- Simmons v. WintersOregon Supreme Court · 1891
- Tolman v. CaseyOregon Supreme Court · 1887
3Cited by30 opinions
- Feldman Et Ux. v. Knapp Et Ux.Oregon Supreme Court · 1952
- State Ex Rel. Thornton v. HayOregon Supreme Court · 1969
- Checketts v. ThompsonIdaho Supreme Court · 1944
- Gardner v. WrightOregon Supreme Court · 1907
- McDonnell v. HuffineMontana Supreme Court · 1912
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