Dodge v. Marden
Oregon Supreme Court
Appeal from Jackson County. This is a suit to restrain the respondents from using a certain water ditch, and from continuing certain mining operations described in the complaint. The appellant is the owner of certain real estate in Jackson county, through which the ditch in question runs. The ditch was constructed prior to 1866 by one Balls, while the title to the land was yet in the United States. The respondents are using the ditch under a license from Balls.
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Appeal from Jackson County. This is a suit to restrain the respondents from using a certain water ditch, and from continuing certain mining operations described in the complaint. The appellant is the owner of certain real estate in Jackson county, through which the ditch in question runs. The ditch was constructed prior to 1866 by one Balls, while the title to the land was yet in the United States. The respondents are using the ditch under a license from Balls. It is claimed by the appellant that the water rights of Balls have become lost by abandonment. The facts relied upon to show such…
1Opinion of the Court
By the Court,
Boise, J.:
It being admitted in the pleadings that the appellant is the owner in fee of the land described in the complaint over which the ditch complained of is constructed, he would have the right to have the respondents restrained in the use of it to his damage, unless they show that they are using it by some right which in law subjects the land to some right in the respondents to convey the water over the land of the appellant. The respondents claim that one M. Y. ■ Balls, under whom they occupy and use this ditch and water, has such a right vested in him by virtue of an act…
2Cases cited2 opinions
- Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865
- Davis v. ButlerCalifornia Supreme Court · 1856
3Cited by15 opinions
- Hough v. PorterOregon Supreme Court · 1909
- In re Willow CreekOregon Supreme Court · 1914
- Hindman v. RizorOregon Supreme Court · 1891
- Low v. SchafferOregon Supreme Court · 1893
- Wimer v. SimmonsOregon Supreme Court · 1895
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