Micelli v. Andrus
Oregon Supreme Court
From Douglas: Lawrence T. Harris, Judge. Statement by Mr. Justice Moore. This is a suit by Frank G. Micelli, Joseph Micelli, S. Hamilton, W. S. Hamilton, L. H. Hamilton and J. F. Templin against Frank Andrus to enjoin an alleged trespass on real property and to recover damages for injury thereto.
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From Douglas: Lawrence T. Harris, Judge. Statement by Mr. Justice Moore. This is a suit by Frank G. Micelli, Joseph Micelli, S. Hamilton, W. S. Hamilton, L. H. Hamilton and J. F. Templin against Frank Andrus to enjoin an alleged trespass on real property and to recover damages for injury thereto. It is stated in the complaint in effect that plaintiffs are the owners in fee and in the possession of a tract of land in Roseburg, particularly describing the premises, the west boundary of which is the “middle of the channel of the South Umpqua River,” setting forth such line by courses and…
1Opinion of the CourtJustice Moore
It appears from the testimony that at the place described in the complaint the South Umpqua River flows northerly. Its western bank is high and abrupt. The width of the stream at low water is about 65 feet, and the flow is always close to the west bank. The surface of the land, immediately east of the stream at its low stage, gradually ascends to the well-defined right bank which the water reaches at its flood in the wet season when the stream attains to a width of about 500 feet. The title asserted by plaintiffs to the premises described was obtained by a conveyance executed to them by the…
2Cases cited35 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Hardin v. JordanSupreme Court of the United States · 1891
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
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3Cited by25 opinions
- United States v. OregonSupreme Court of the United States · 1935
- Anthony v. VeatchOregon Supreme Court · 1950
- Hughes v. State of OregonOregon Supreme Court · 1992
- Eagle Cliff Fishing Co. v. McGowanOregon Supreme Court · 1914
- Luscher v. ReynoldsOregon Supreme Court · 1936
20 more not listed; retrieve them via the Exa API.