McBroom v. Thompson
Oregon Supreme Court
Appeal from Umatilla: Morton D. Clieeord, Judge. This is a suit by P. G. McBroom to enjoin the defendants from diverting the waters of a branch of the Walla Walla River, in Umatilla County, Oregon.
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Appeal from Umatilla: Morton D. Clieeord, Judge. This is a suit by P. G. McBroom to enjoin the defendants from diverting the waters of a branch of the Walla Walla River, in Umatilla County, Oregon. The evidence shows that on December thirteenth, eighteen hundred and eighty-two, Henry Nichols obtained a patent from the United States for the southwest quarter of section twenty-six, in township six north of range thirty-five east of the Willamette Meridian, and on June eighteenth, eighteen hundred and eighty-three, he and his wife conveyed a tract of fifteen and one half acres from the northwest…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
The defendants contend that the ditch was constructed under a parol license from R. B. Crego, plaintiff’s grantor, and that after its construction the license became irrevocable. The defendant, W. S. Powell, testified that after securing the deed from the defendant Thompson, the construction of the ditch was commenced with Crego’s consent, but that Henry Nichols then owned the tract of land now owned by the plaintiff. In this the witness is *566in error, as the record evidence conclusively shows that Grego had obtained his deed from Nichols more than eight months prior…
2Cases cited7 opinions
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- Smith v. HamiltonMichigan Supreme Court · 1870
- Joyce v. WilliamsMichigan Supreme Court · 1873
- Slocumb v. C., B. & Q. R.Supreme Court of Iowa · 1882
- Coffman v. RobbinsOregon Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Bowman v. BowmanOregon Supreme Court · 1899
- Garrett v. BishopOregon Supreme Court · 1895
- Hallock v. SuitorOregon Supreme Court · 1900
- McPhee v. KelseyOregon Supreme Court · 1903
13 more not listed; retrieve them via the Exa API.