Tone v. Tillamook City
Oregon Supreme Court
From Tillamook: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is a suit brought by George Tone and Alice J. Tone, husband and wife, to enjoin defendant from interfering with plaintiffs in diverting water from defendant’s pipe line, and involves the construction of a deed from plaintiff’s grantor to defendant, the material part of which is as follows: “That we, Henry Lowry and Cora Lowry, his wife, of Tillamook County, State of Oregon, for the consideration…
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From Tillamook: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is a suit brought by George Tone and Alice J. Tone, husband and wife, to enjoin defendant from interfering with plaintiffs in diverting water from defendant’s pipe line, and involves the construction of a deed from plaintiff’s grantor to defendant, the material part of which is as follows: “That we, Henry Lowry and Cora Lowry, his wife, of Tillamook County, State of Oregon, for the consideration of the sum of one dollar to us in hand paid, the receipt whereof is hereby acknowledged, and of the covenants and…
1Opinion of the CourtJustice McBride
1. The principal question to be considered is the nature and extent of the covenants in the conveyance from Lowry and wife to the defendant. Whether a reservation or covenant in a deed shall be construed to create an easement in gross or one appurtenant to the land is a matter to be deduced (1) from the terms of the instrument itself; or (2), if that is ambiguous, then from a consideration of all the circumstances surrounding its execution, always bearing in mind the rule that courts should construe an instrument to convey an easement appurtenant, rather than one in gross. 10 Am. & Eng. Enc.…
2Cases cited3 opinions
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Ruhnke v. AubertOregon Supreme Court · 1911
- City of Portland v. MetzgerOregon Supreme Court · 1911
3Cited by19 opinions
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- City of Sweetwater v. HamnerCourt of Appeals of Texas · 1923
- Fields v. FieldsOregon Supreme Court · 1931
- Hillsboro v. Public Service CommissionOregon Supreme Court · 1920
- Richards v. City of PortlandOregon Supreme Court · 1927
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