Curtis v. La Grande Hydraulic Water Co.
Oregon Supreme Court
Union county: J. A. Fee, Judge. Plaintiff appeals. Unless defendant’s rights wore acquired by adverse possession, as plead, they would amount only to a license. (Noiolin v. Whipple, 22 N. E. Rep. 669, Ind.; Cagle v. Parker, 97 N. C. 271, 2 B. E. Rep. 76; Huston v. Bybee, 17 Or. 140.) If only a license, it was not assignable. (Mumford v. Whitney, 15 Wend. 380, 30 Am.
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Union county: J. A. Fee, Judge. Plaintiff appeals. Unless defendant’s rights wore acquired by adverse possession, as plead, they would amount only to a license. (Noiolin v. Whipple, 22 N. E. Rep. 669, Ind.; Cagle v. Parker, 97 N. C. 271, 2 B. E. Rep. 76; Huston v. Bybee, 17 Or. 140.) If only a license, it was not assignable. (Mumford v. Whitney, 15 Wend. 380, 30 Am. Dec. 60; Hill’s Code, §§ 781, 785, subdv. 6, and § 3002.) An easement or right to take water from a running stream on land of another acquired by use is as definite in its location, when established, as when resting in grant aud…
1Opinion of the CourtLord, J.
— This is a suit to restrain the diversion of water from a natural water-course on the land of the plaintiff. The defense is three-fold: (1) Prior appropriation; (2) prescription; and (3) estoppel in pais: In substance, the facts are that the defendant constructed a dam across Mill creek upon lands owned by Green Arnold, and occupied the same, with his consent and authority, for the purpose of diverting water from said creek, which was effected by means of a pipe of a certain size inserted in the dam, and conveyed to the town of La Grande for the use of its inhabitants; that in June, 1887,…
2Cases cited4 opinions
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
- Springer v. YoungOregon Supreme Court · 1886
- Kaler v. CampbellOregon Supreme Court · 1886
- Jackson & Sharp Co. v. Philadelphia, Wilmington & Baltimore RailroadCourt of Chancery of Delaware · 1871
3Cited by48 opinions
- Benton v. JohncoxWashington Supreme Court · 1897
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Bowman v. BowmanOregon Supreme Court · 1899
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
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