Porter v. Pettengill
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. This is a suit by George Porter, James Duncan, Lizzie Williams and H. 0. Williams against S. B. Pettengill, S. B. Pettengill as administrator of the estate of Charles Burton, deceased, John Irwin, Eliza Chapman, Charles Bean and Dora Marshall, in regard to water rights for irrigating purposes. From a decree in favor of plaintiffs, defendant Pettengill appeals individually and as administrator.
1Opinion of the CourtJustice Eakin
This suit is a controversy as to the priority and extent of irrigation water rights. The plaintiffs own land, situated in section 2, 3, 10, 11, and 12, township 34 S., range 6 W., in Josephine County, through which Grave Creek flows in a westerly direction. Defendant Pettengill and the estate of Charles Burton, of which Pettengill is administrator, own 360 acres in Sec. 7, township 34 S., range 5 W., through which also Grave Creek flows. Prior to 1874, plaintiffs’ predecessors in interest in said lands diverted water from Grave Creek, for domestic use and irrigation, by means of the Harkness…
2Cases cited7 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Simmons v. WintersOregon Supreme Court · 1891
- Wimer v. SimmonsOregon Supreme Court · 1895
- Dolliver v. DolliverCalifornia Supreme Court · 1892
- Williams v. AltnowOregon Supreme Court · 1908
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3Cited by7 opinions
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Andrews v. DonnellyOregon Supreme Court · 1911
- Miller v. ConleyOregon Supreme Court · 1920
- Allen v. MagillOregon Supreme Court · 1920
- United States v. Ahtanum Irr. Dist.District Court, E.D. Washington · 1954
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