Borman v. Blackmon
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Justice Burnett. In this suit the substance of the complaint is that E. W. Borman is the owner of certain placer mining claims in the Virtue mining district in Baker County, Oregon, subject only to the paramount title of the United States.
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From Baker: William Smith, Judge. Statement by Mr. Justice Burnett. In this suit the substance of the complaint is that E. W. Borman is the owner of certain placer mining claims in the Virtue mining district in Baker County, Oregon, subject only to the paramount title of the United States. The predecessors in interest of the plaintiffs, about the year 1884, appropriated the water of a running stream, known as Quartz gulch, by damming the stream on the land now claimed by the defendant Gertrude E. Blackmon, and constructing therefrom a ditch by which they conducted the water about two miles to…
1Opinion of the CourtJustice Burnett
1, 2. The parties seem to be occupants of the public lands of the United States, not having performed all the conditions by which the legal title could be derived from the general government. Their holdings are unpatented; and hence their right to the land is such as equity will protect, without sending them in the first instance into a court of law: Kitcherside v. Myers, 10 Or. 21; Watts v. Spencer, 51 Or. 262 (94 Pac. 39); Browning v. Lewis, 39 Or. 11 (64 Pac. 304). The equitable title of the plaintiff Borman to the placers mentioned in the complaint is not seriously questioned by the…
2Cases cited7 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Simmons v. WintersOregon Supreme Court · 1891
- Kitcherside v. MyersOregon Supreme Court · 1881
- Rait v. FurrowSupreme Court of Kansas · 1906
- Browning v. LewisOregon Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chowchilla Farms Inc. v. MartinCalifornia Supreme Court · 1933
- Popham v. HolloronMontana Supreme Court · 1929
- Wellman v. Kelley & HarrisonOregon Supreme Court · 1953
- Hayes v. AdamsOregon Supreme Court · 1923
- Hutchinson v. StricklinOregon Supreme Court · 1934
7 more not listed; retrieve them via the Exa API.