Oviatt v. Big Four Mining Co.

This is a suit to enjoin the diversion of water from a nonnavigable stream, and to prevent interference with a mining ditch. The transcript shows that in May, 1876, one D. C. Courtney agreed to purchase certain placer mines in Josephine County, Oregon, for the purchase price of which he gave the owners his promissory note, payable *120in two years, and received their bond for a deed of the premises ; and, having entered into possession thereof, he thereupon constructed a ditch and flume from Pickett Creek to said mines, a distance of about six and one fourth miles, and diverted and used the water…