Rathfon v. Payette-Oregon Slope Irr. Dist
Oregon Supreme Court
Prom Malheur: Dalton Biggs, Judge. In Banc. Statement by Me. Justice Bean. This is a suit in which the plaintiff, D. W. Rathfon, seeks to enjoin the defendant, Payette-Oregon Slope Irrigation District, and W. H. Lucraft, a purchaser at a sale for taxes levied upon the district, from perfecting such sale and asserting any rights thereunder, and to exclude therefrom certain of the plaintiff’s lands and declare the same in no way obligated by reason of any bonds or other…
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Prom Malheur: Dalton Biggs, Judge. In Banc. Statement by Me. Justice Bean. This is a suit in which the plaintiff, D. W. Rathfon, seeks to enjoin the defendant, Payette-Oregon Slope Irrigation District, and W. H. Lucraft, a purchaser at a sale for taxes levied upon the district, from perfecting such sale and asserting any rights thereunder, and to exclude therefrom certain of the plaintiff’s lands and declare the same in no way obligated by reason of any bonds or other indebtedness, liens for taxes or otherwise, in the irrigation district. The plaintiff’s lands, already mentioned, to wit, the…
1Opinion of the CourtJustice Bean
The pleadings admit, and the evidence shows, that the district improvement company was organized prior to the irrigation district, and the articles of incorporation and notice provided by Chapter 172 were recorded in the office of the county clerk before any action was taken by the irrigation district. The defendants rely upon the defense that plaintiff is estopped from denying that' his land is included within the irrigation district, and from denying that he is obligated by reason of the fact that confirmation proceedings have been had by the irrigation district. This states in brief the…
2Cases cited6 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Straw v. HarrisOregon Supreme Court · 1909
- In Re Sanitary Bd. of E. Fruitvale Sanitary Dist.California Supreme Court · 1910
- Board of Directors v. PetersonOregon Supreme Court · 1912
- Sowerwine v. Central Irrigation DistrictNebraska Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- Othus v. KozerOregon Supreme Court · 1926
- Eldredge v. Mill Ditch Co.Oregon Supreme Court · 1919
- State Ex Rel. v. ChandlerOregon Supreme Court · 1946
- Board of Directors of North Unit Irr. Dist. Gard v. PeckOregon Supreme Court · 1919
12 more not listed; retrieve them via the Exa API.