Hume v. Turner
Oregon Supreme Court
From Curry: James W. Hamilton, Judge. This is a suit by B. D. Hume against Jesse Turner, as sheriff of Curry County, and others, from an injunction, instituted 'August 2, 1898. Plaintiff, in his complaint, avers that he is, and has been for more than fifteen years, the owner of all the lands lying and being adjacent to either bank of Bogue Biver, in Curry County, Oregon, extending from its mouth up stream for a distance of five miles (particularly describing them), and also…
Read the full summary
From Curry: James W. Hamilton, Judge. This is a suit by B. D. Hume against Jesse Turner, as sheriff of Curry County, and others, from an injunction, instituted 'August 2, 1898. Plaintiff, in his complaint, avers that he is, and has been for more than fifteen years, the owner of all the lands lying and being adjacent to either bank of Bogue Biver, in Curry County, Oregon, extending from its mouth up stream for a distance of five miles (particularly describing them), and also all tide, swamp, and overflowed lands lying between such banks, together with a portion of the bed of the stream; that…
1Opinion of the Court
Mr. Justice Wolverton,
after stating.the facts, delivered the opinion of the court.
It is shown by the testimony that the plaintiff and his predecessors in interest have continuously for about forty years fished for salmon in the waters of Rogue River, within the stretch thereof defined in the complaint, and that their use and occupation thereof have been exclusive of all others, with but slight interruption, until the present controversy arose. Subsequent to plaintiff’s utilization of the fishing grounds, in 1877, he had acquired all the land along the river from its mouth for five miles…
2Cases cited6 opinions
- B. F. Sturtevant Co. v. Bohn Sash & Door Co.Nebraska Supreme Court · 1899
- Craft v. BentSupreme Court of Kansas · 1871
- Smith v. DickinsonMassachusetts Supreme Judicial Court · 1885
- Porter v. SingletonSupreme Court of Arkansas · 1873
- Commonwealth Insurance v. PierroSupreme Court of Minnesota · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Booras v. UyedaOregon Supreme Court · 1983
- Rasmussen v. Zundel, Sheriff, Etc.Utah Supreme Court · 1926
- Pape v. Title and Trust Co.Oregon Supreme Court · 1949
- Multnomah County v. SabinCourt of Appeals of Oregon · 1976
- Arnold v. SmithOregon Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.