Beers v. Sharpe
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. This is a suit by W. P. Beers and another against I. W. Sharpe to enjoin interference with the flow of water in a slough in excess of a given quantity.
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From Malheur: Morton D. Clifford, Judge. This is a suit by W. P. Beers and another against I. W. Sharpe to enjoin interference with the flow of water in a slough in excess of a given quantity. The averments of the complaint, so far as deemed material, are, in substance, that plaintiffs own in severalty 1,760 acres of arid land in Harney County, through which Jordan Creek flows, and a slough connected therewith extends; that in 1874 they entered into an agreement with defendant’s predecessors, stipulating to aid in enlarging a dam in the creek and to keep it in repair for the exclusive right…
1Opinion of the CourtChief Justice Moore
It is contended by plaintiffs’ counsel that the testimony shows that his clients and the defendant are tenants in common of the dam in Jordan Creek, the headgate, and the water right to the dam first built in the slough, below which they possess the exclusive right and are the prior appropriators of all the water turned into the slough in excess of 150 inches, and that the court erred in dismissing the suit and in not granting the relief prayed for in the complaint.
1. The transcript shows that in the fall of 1868 Sherman J. Castle, Fred Isabel, and C. D. Bacheler settled on unsurveyed public…
2Cases cited15 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Simmons v. WintersOregon Supreme Court · 1891
- Hall v. BlackmanIdaho Supreme Court · 1902
- Hindman v. RizorOregon Supreme Court · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Klamath Irrigation District v. United StatesOregon Supreme Court · 2010
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
- Davis v. ChamberlainOregon Supreme Court · 1908
- Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.