Low v. Schaffer
Oregon Supreme Court
Baker County: Morton D. Clifford, Judge. This is a suit by Leonard Low against Logan and Amanda Schaffer to enjoin the defendants from diverting the waters of Hill Creek, in Baker County, Oregon.
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Baker County: Morton D. Clifford, Judge. This is a suit by Leonard Low against Logan and Amanda Schaffer to enjoin the defendants from diverting the waters of Hill Creek, in Baker County, Oregon. It appears that the waters of the creek flow through defendants’ land, and thence in a northeasterly direction through the plaintiff’s adjoining land; that about one half of the volume of these waters is supplied from springs on defendants’ land; that about 1868 plaintiff settled upon a tract of government land, and, after it had been surveyed and platted, he obtained the United States patent…
1Opinion of the CourtJustice Moore
1. The evidence conclusively shows that plaintiff was the prior appropriator of the water of said creek, and that he had diverted and used it for more than ten years prior to Hill’s diversion; and, as a consequence, he is entitled to the use thereof unless he had lost it by an adverse user or by abandonment. To constitute an adverse user of more than ten years the defendants must necessarily tack the use of Huffman to that of Hindman, their grantor. Continuity of use is an essential element of an adverse title. When several persons enter upon land in succession, the *242several possessions cannot…
2Cases cited12 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Jones v. AdamsNevada Supreme Court · 1885
- Hindman v. RizorOregon Supreme Court · 1891
- Baker v. WoodwardOregon Supreme Court · 1884
- Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Crawford Co. v. HathawayNebraska Supreme Court · 1903
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Raymond v. FlavelOregon Supreme Court · 1895
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