Legal Opinion

Combs v. Slayton

Oregon Supreme Court

Decided April 21, 1890PublishedCited by 8 opinions

Appeal from Crook county; J. H. Bird, judge. The appellant commenced a suit against the respondent to enjoin him from diverting water from a certain stream flowing through said county known as Ochoco creek He alleged in his complaint that he was owner in fee of certain lands and premises situate in said county, and formerly consisting of two distinct parcels; that said creek took its rise about twenty-five miles from.the premises in an easterly direction, and that when it…

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Appeal from Crook county; J. H. Bird, judge. The appellant commenced a suit against the respondent to enjoin him from diverting water from a certain stream flowing through said county known as Ochoco creek He alleged in his complaint that he was owner in fee of certain lands and premises situate in said county, and formerly consisting of two distinct parcels; that said creek took its rise about twenty-five miles from.the premises in an easterly direction, and that when it reached a point about one-fourth of a mile east of the eastern boundary thereof it divided and formed two chañéis, each of…

1Opinion of the Court

Thayek, C. X,

delivered the opinion of the court

It appears from the pleadings and evidence in this case that the appellant’s premises consist of the northeast quarter of section 2, the north half of the northwest quarter and the west half of the northeast quarter of section 1, all in T. 15 S., R. 16 B. Willamette meridian; that he has been the owner of the northeast quarter of said section 2 since about the year 1870, and of the north half of the northwest quarter and the west half of the northeast quarter of said section 1 since the twelfth day of September, 1876, at which last-mentioned time…

2Cases cited3 opinions

  1. Olmsted v. . Loomis and GravesNew York Court of Appeals · 1854
  2. Coffman v. RobbinsOregon Supreme Court · 1880
  3. City of Salem Co. v. Salem Flouring Mills Co.Oregon Supreme Court · 1885

3Cited by8 opinions

  1. Bowman v. BowmanOregon Supreme Court · 1899
  2. Ewing v. RheaOregon Supreme Court · 1900
  3. Lavery v. ArnoldOregon Supreme Court · 1899
  4. McBroom v. ThompsonOregon Supreme Court · 1894
  5. Becker v. Marble Creek Irrigation Co.Utah Supreme Court · 1897

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