Faull v. Cooke
Oregon Supreme Court
Appeal from Baker county: L. B. Ison, judge. The object of this suit is to enjoin the defendant from disturbing the plaintiff’s use of certain water taken out of Connor creek in Baker county, Oregon, and to establish and quiet the plaintiff’s title thereto.
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Appeal from Baker county: L. B. Ison, judge. The object of this suit is to enjoin the defendant from disturbing the plaintiff’s use of certain water taken out of Connor creek in Baker county, Oregon, and to establish and quiet the plaintiff’s title thereto. The substance of the plaintiff’s complaint is as follows: That in the year 1877 the plaintiff’s grantors, then being citizens of the United States of America, constructed a ditch from a point on Connor creek, then and now being a national water-course, in Baker county, State of Oregon, through the unoccupied and unappropriated public lands…
1Opinion of the CourtStrahan, J.
A proper disposition of this case requires that we should notice the sources of title set up by the respective claimants, and in doing so it will be most convenient to first examine the defendant’s title. In the year 1869 the lands through which Connor creek flows, and which are described in the defendant’s answer, were unsurveyed and unoccupied public lands of the United States. During that year one Christian Hinckler settled upon the same as a homestead, and after the said land had been surveyed, on the sixth day of March, 1883, he made his regular application therefor, alleging his…
2Cases cited5 opinions
- Clark v. BayleyOregon Supreme Court · 1874
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- McRae v. DavinerOregon Supreme Court · 1879
- Moore v. Willamette Transportation & Locks Co.Oregon Supreme Court · 1879
- Kane v. PrestonCourt of Appeals of Mississippi · 1852
3Cited by30 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Pabst v. FinmandCalifornia Supreme Court · 1922
- Benton v. JohncoxWashington Supreme Court · 1897
- Philbin v. CarrIndiana Court of Appeals · 1920
- Hindman v. RizorOregon Supreme Court · 1891
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