Low v. Rizor
Oregon Supreme Court
Appeal from Baker: Morton D. Clieeord, Judge. This is a suit by Leonard Low to enjoin John Rizor from diverting the waters of Alder Creek, which flows in a natural channel through his land, and thence in an easterly direction through plaintiff’s adjoining land.
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Appeal from Baker: Morton D. Clieeord, Judge. This is a suit by Leonard Low to enjoin John Rizor from diverting the waters of Alder Creek, which flows in a natural channel through his land, and thence in an easterly direction through plaintiff’s adjoining land. The facts are that the plaintiff, in eighteen hundred and sixty-six, settled upon a tract of unsurveyed public land, and enlarged a ditch thereon,. by which the waters of Alder Creek had been appropriated by a former occupant of said tract, and in eighteen hundred and sixty-eight dug another ditch, and by them has diverted the water…
1Opinion of the Court
Opinion by
Me. Justice Mooee.
The defendant contends that Robert Kitchen obtained possession of Straw Ranch in eighteen hundred and sixty-six, from Huffman, after Gray’s relinquishment, and occupied the premises from that time until eighteen hundred and seventy-nine; that the absence of record evidence of transfers of the premises showing the chain of title is due to the loss of two volumes of the county records; and that he has by other evidence joined his possession to that of Herman, the original settler; and that plaintiff acquired no interest in Straw Ranch by the purchase of the buildings…
2Cases cited4 opinions
- Simmons v. WintersOregon Supreme Court · 1891
- Hindman v. RizorOregon Supreme Court · 1891
- Low v. SchafferOregon Supreme Court · 1893
- Cole v. LoganOregon Supreme Court · 1893
3Cited by29 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- In Re Water Rights of Deschutes RiverOregon Supreme Court · 1929
- Wimer v. SimmonsOregon Supreme Court · 1895
- Klamath Irrigation District v. United StatesOregon Supreme Court · 2010
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