Oregon Iron Co. v. Trullenger
Multnomah County Circuit Court, Oregon
It appears by tbe pleadings, that on the twenty-sixtb of January, 1861, the defendant was owner of the land over which Sucker Creek flows, from Sucker Lake to the Wall amet River, and had then a mill and dam in use on said stream, a short distance below Sucker Lake.
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It appears by tbe pleadings, that on the twenty-sixtb of January, 1861, the defendant was owner of the land over which Sucker Creek flows, from Sucker Lake to the Wall amet River, and had then a mill and dam in use on said stream, a short distance below Sucker Lake. It was admitted on tlie argument, that defendant’s mill was propelled by a large breast-wheel, upon which water was then and is now discharged at different elevations, according to the stage of water and condition of the reservoir, ranging from seven feet above the natural surface of the lake, downward. The defendant’s dam was so…
1Opinion of the CourtUpton, J.
The principal question in this case arises upon the construction of the deed from the defendant to Green, in determining what rigid and privileges were conveyed.
If no reference had been made to the mill or dam, the language of the deed might be construed to convey a right to all the power afforded by the natural flow at all times. But reference in the deed to the defendant’s mill-dam and wheel, confines the right to flow back the water to particular limits. And I think, upon the same principle and with equal certainty, the reference to defendant’s mill and wheel limits the purchase, and…
2Cases cited3 opinions
- Platt v. Johnson & RootNew York Supreme Court · 1818
- Marvin v. StoneNew York Supreme Court · 1824
- Sears-Roebuck & Co. v. StarnesTennessee Supreme Court · 1930
3Cited by6 opinions
- People v. HulbertMichigan Supreme Court · 1902
- In Re the Trust Estate Created & Established by Deed of Trust of MooreSupreme Court of New Jersey · 1967
- Gehlen Bros. v. KnorrSupreme Court of Iowa · 1897
- California-Oregon Power Co. v. Beaver Portland Cement Co.Court of Appeals for the Ninth Circuit · 1934
- California-Oregon Power Co. v. Beaver Portland Cement Co.Court of Appeals for the Ninth Circuit · 1934
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