Seely v. Sebastian
Oregon Supreme Court
Appeal from Clackamas County. The bill alleges in substance that petitioner is the owner of certain lands in Clackamas County, in wbat is known as Black Creek Swamp; that some years since, wishing to drain these swamp lands, he obtained the consent of the owners of the lands lying on the natural outlet of these swamp lands, to construct a ditch through their lands to drain these lands.
Read the full summary
Appeal from Clackamas County. The bill alleges in substance that petitioner is the owner of certain lands in Clackamas County, in wbat is known as Black Creek Swamp; that some years since, wishing to drain these swamp lands, he obtained the consent of the owners of the lands lying on the natural outlet of these swamp lands, to construct a ditch through their lands to drain these lands. That he constructed such ditch at a large outlay, to wit, about $1800, and extended the ditch from the lands below this swamp through his swamp lands, with side ditches to the main ditch; that respondents own…
1Opinion of the Court
By the Court,
Boise, J.:
The statute says: “Any person whose land is so situated that it requires draining, and when any person or persons owning land adjacent thereto object to ditches being cut or dug on their land, may make application in writing to the County Court of his county, at a regular session thereof, for the right of way, etc., and privilege to cut a ditch,” etc. When this application is made, the County Commissioners’ Court shall appoint Commissioners to locate such ditch *29and assess the damages to the owners of the land through whose land the ditch is to be cut—but “in assessing…
2Cited by6 opinions
- Donnelly v. DeckerWisconsin Supreme Court · 1883
- Laurance v. TuckerOregon Supreme Court · 1938
- State Ex Rel. Manhattan Const. Co. v. BarnesSupreme Court of Oklahoma · 1908
- Connecticut College v. CalvertSupreme Court of Connecticut · 1913
- Drainage District No. 7 v. BernardsOregon Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.