Claypool v. O'Neill
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Eakin. This is a proceeding by R. F. Claypool and Arthur SeVey against Francis O’Neill, brought into the Circuit Court by an appeal from the adjudication made by the board of control of the State of Oregon of the rights and priorities to the waters of Cottonwood Creek, a tributary of Bully Creek, in Malheur County, Oregon, in which Francis O’Neill sets up the fact that his rights to the waters of said creek had been…
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From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Eakin. This is a proceeding by R. F. Claypool and Arthur SeVey against Francis O’Neill, brought into the Circuit Court by an appeal from the adjudication made by the board of control of the State of Oregon of the rights and priorities to the waters of Cottonwood Creek, a tributary of Bully Creek, in Malheur County, Oregon, in which Francis O’Neill sets up the fact that his rights to the waters of said creek had been adjudicated against Corder, the predecessor in interest of Claypool, in the south one-half of the northwest…
1Opinion of the CourtJustice Eakin
1, 2. The important question for consideration is whether the decree in O’Neill v. Corder et al. is final *513and conclusive against Claypool and Sevey in this proceeding to the extent that O’Neill must he considered the owner of 100 miner’s inches of water in the flow of the creek; defendant contending that the said decree gives Francis O’Neill absolute title to the 100 miner’s inches of water regardless of his needs, while plaintiffs contest his right to more water than necessary for the irrigation of his land. The board of control evidently disregarded that decree in determining defendant’s…
2Cases cited7 opinions
- Hough v. PorterOregon Supreme Court · 1909
- White v. LaddOregon Supreme Court · 1902
- Gardner v. WrightOregon Supreme Court · 1907
- Davis v. ChamberlainOregon Supreme Court · 1908
- Mattis v. HosmerOregon Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re Willow CreekOregon Supreme Court · 1914
- Broughton v. StricklinOregon Supreme Court · 1934
- Tudor v. JacaOregon Supreme Court · 1946
- Oliver v. Skinner and LodgeOregon Supreme Court · 1951
- French v. McKeanOregon Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.