Mattis v. Hosmer
Oregon Supreme Court
From Jackson : Hiero K. Hanna, Judge. This is a suit by John Mattis against Nelson Hosmer and others to enjoin the appropriation of water diverted from a nonnavigable stream, and to recover damages for an alleged trespass.
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From Jackson : Hiero K. Hanna, Judge. This is a suit by John Mattis against Nelson Hosmer and others to enjoin the appropriation of water diverted from a nonnavigable stream, and to recover damages for an alleged trespass. It is stated in the complaint that plaintiff is the owner of one. hundred and twenty acres of land in Jackson County, Oregon, through which the west fork of Foot’s Creek flows in a northerly direction ; that for more than twenty-two years he and his grantors have owned and been in the possession of a ditch that diverts water from said creek, which is used to irrigate his…
1Opinion of the CourtJustice Moore
The testimony shows that in 1867 John Dick, James Hand, M. Winegardner, and John Pearson constructed the ditch in question from a point on the west fork of Foot’s Creek to its confluence with Salt Creek, a distance of about three miles, and diverted water from the former stream, which they used about two months to operate a placer mine, each owning an equal interest in the ditch and water right. This mine having proved unremunerative, Winegardner sold his interest in the ditch and water *526right to Pearson, who in 1868 transferred his interest, therein to one Orin Weare, who, with Hand, was then…
2Cases cited8 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Barnes v. SabronNevada Supreme Court · 1875
- Smith v. O'haraCalifornia Supreme Court · 1872
- Colman v. ClementsCalifornia Supreme Court · 1863
- Thomas v. GlendinningUtah Supreme Court · 1896
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3Cited by15 opinions
- Klamath Irrigation District v. United StatesOregon Supreme Court · 2010
- Williams v. AltnowOregon Supreme Court · 1908
- In re North Powder RiverOregon Supreme Court · 1914
- Oliver v. Skinner and LodgeOregon Supreme Court · 1951
- Mann v. ParkerOregon Supreme Court · 1906
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