McDougal v. Lame
Oregon Supreme Court
From Jackson : Hiero K. Hanna, Judge. Bill by James McDougal and another against Joseph H. Lame, to enjoin the defendant from interfering with a ditch. The facts are that the plaintiffs own a ditch in Jackson County, -which conducts water from Lane’s Creek to their land, where it is used in operating a placer mine.
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From Jackson : Hiero K. Hanna, Judge. Bill by James McDougal and another against Joseph H. Lame, to enjoin the defendant from interfering with a ditch. The facts are that the plaintiffs own a ditch in Jackson County, -which conducts water from Lane’s Creek to their land, where it is used in operating a placer mine. About 1877 one V, S. Ralls caused a ditch to be dug for about two hundred and fifty feet across the land now owned by the defendant, but then the property of Ralls, whereby the water of Bummer G-ulch was conducted into the Lane’s Creek ditch, and ever since that time the gulch…
1Opinion of the CourtJustice Moore
1. The only question presented by this appeal is ■whether the defendant, at the time he purchased his land, had such knowledge of the existence of plaintiffs’ right to maintain the ditch across his premises as would amount to notice thereof. The rule is well settled in this state that whatever fact is sufficient to direct the attention of a reasonably prudent man to the prior rights and suxierior equities of a third party, who is a stranger to the title, so as to cause him to make inquiry in respect thereto, which, if x^'osecuted with ordinary diligence, must necessarily result in knowledge…
2Cases cited19 opinions
- Carter v. City of PortlandOregon Supreme Court · 1873
- Hesperia Land & Water Co. v. RogersCalifornia Supreme Court · 1890
- Cooper v. ThomasonOregon Supreme Court · 1896
- Coventon v. SeufertOregon Supreme Court · 1893
- Ambrose v. HuntingtonOregon Supreme Court · 1899
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Feldman Et Ux. v. Knapp Et Ux.Oregon Supreme Court · 1952
- Belt Et Ux. v. MatsonOregon Supreme Court · 1926
- German Savings & Loan Society v. GordonOregon Supreme Court · 1909
- Fitzstephens v. WATSONOregon Supreme Court · 1959
- New York, New Haven & Hartford Railroad v. RussellSupreme Court of Connecticut · 1910
6 more not listed; retrieve them via the Exa API.