Legal Opinion

Ewing v. Rhea

Oregon Supreme Court

Decided November 26, 1900PublishedCited by 21 opinions

From Morrow: Stephen A. Lowell, Judge. This is a suit by W. B. Ewing against C. A. Rhea to enjoin interference with an irrigating ditch.

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From Morrow: Stephen A. Lowell, Judge. This is a suit by W. B. Ewing against C. A. Rhea to enjoin interference with an irrigating ditch. It is substantially alleged in the complaint that plaintiff is in possession, and entitled to the possession, of certain arid land in the north half of section 17, in township 2 north, of range 23 east, in Morrow County, Oregon; that in 1891, at an expense of $510, he constructed a ditch from the bank of Willow Creek, at a point in the north half of section 20, in said township and range, in a northerly direction, across the south half of said section 17, to…

1Opinion of the Court

Mb,. Justice Moore,

after stating the facts, delivered the opinion of the court.

' The question to be considered is whether a complaint alleging a passive acquiescence by defendant’s predecessors, when they knew that plaintiff was expending large sums of money in making valuable improvements upon his land while relying upon the faith of the implied license to maintain said ditch, which, if revocable, would render such improvements valueless, states facts sufficient to constitute a cause of suit. Plaintiff’s counsel contends that the complaint is sufficient in this respect, and. that the court…

2Cases cited18 opinions

  1. Pitzman v. BoyceSupreme Court of Missouri · 1892
  2. Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
  3. Parish v. KaspareIndiana Supreme Court · 1887
  4. Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
  5. Bowman v. BowmanOregon Supreme Court · 1899

13 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. LUCKEY ET UX v. DeatsmanOregon Supreme Court · 1959
  2. Brown v. Gold Coin Mining Co.Oregon Supreme Court · 1906
  3. McPhee v. KelseyOregon Supreme Court · 1903
  4. Heisley v. EastmanOregon Supreme Court · 1921
  5. Shepard Et Ux. v. PurvineOregon Supreme Court · 1952

16 more not listed; retrieve them via the Exa API.

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