Ruhnke v. Aubert
Oregon Supreme Court
From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice McBride. In June, 1903, John Vauthiers was the owner of the S. % of the N. W. 14 of section 27, township 1 N., range 10 E., in Hood River County. Harvey C. Rush owned the N. i/i. of the same quarter section, and the plaintiffs owned land immediately adjoining it on the north. None of this land could be farmed to advantage without irrigation.
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From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice McBride. In June, 1903, John Vauthiers was the owner of the S. % of the N. W. 14 of section 27, township 1 N., range 10 E., in Hood River County. Harvey C. Rush owned the N. i/i. of the same quarter section, and the plaintiffs owned land immediately adjoining it on the north. None of this land could be farmed to advantage without irrigation. The method by which the most of the water for such purpose was obtained was by purchasing shares of stock from the Mt. Hood Water Supply Company, a corporation. The holder of a share of…
1Opinion of the CourtJustice McBride
1. The decision of this case turns upon one proposition namely: Does the reservation in the deed from Vauthiers to plaintiffs create a mere personal right in Vauthiers to take water from plaintiffs’ ditch, or is the right therein reserved assignable? In other words, is the right reserved in the deed a personal privilege to the grantee, and therefore an easement in gross, or is it for the benefit of the land of the grantee and appurtenant to the land through which the right of way for an irrigation ditch is granted? “An easement is an interest in land created by grant or agreement, express or…
2Cases cited2 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Stovall v. Coggins Granite Co.Supreme Court of Georgia · 1902
3Cited by20 opinions
- Minto v. Salem Water, Light & Power Co.Oregon Supreme Court · 1926
- Kesterson v. California-Oregon Power Co.Oregon Supreme Court · 1924
- Patterson v. Chambers Power Co.Oregon Supreme Court · 1916
- Fields v. FieldsOregon Supreme Court · 1931
- Monese v. StruveOregon Supreme Court · 1936
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