Cole v. Logan
Oregon Supreme Court
Malheur County: Jas. A. Fee, Judge. J. L. Cole and B. F. Kendall sought to enjoin Wm. L. Logan from diverting the waters of Willow Creek. There was a decree dividing the water, and both parties appeal.
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Malheur County: Jas. A. Fee, Judge. J. L. Cole and B. F. Kendall sought to enjoin Wm. L. Logan from diverting the waters of Willow Creek. There was a decree dividing the water, and both parties appeal. The material facts are that Willow Creek rises in a spur of the Blue Mountains, flows in a southeasterly direction in a well-defined channel through the lands of the parties hereto, and empties into the Malheur River in Malheur County, Oregon; that the defendant has diverted the waters thereof by a ditch on the north side of the creek, and the plaintiffs by a ditch on the south side, and that…
1Opinion of the CourtJustice Moore
1. The evidence conclusively shows that the defendant was a prior appropriator of the waters of Willow Creek. He made his settlement upon an unsurveyed tract of land with the intention of acquiring title thereto from the government of the United States, and had diverted and appropriated the water of said creek two and one half years prior to the building of plaintiffs’ dam, and when the defendant made his proof and obtained his patent his title related back to the time of his settlement: Faull v. Cooke, 19 Or. 455 (26 Pac. 662); Larsen v. Or. Ry. & Nav. Co. 19 Or. 240 (23 Pac. 974); Sturr v.…
2Cases cited11 opinions
- Sturr v. BeckSupreme Court of the United States · 1890
- Simmons v. WintersOregon Supreme Court · 1891
- Hindman v. RizorOregon Supreme Court · 1891
- Kidd v. LairdCalifornia Supreme Court · 1860
- Ophir Silver Mining Co. v. CarpenterNevada Supreme Court · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- In re Willow CreekOregon Supreme Court · 1914
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Wimer v. SimmonsOregon Supreme Court · 1895
26 more not listed; retrieve them via the Exa API.