Miller v. Vaughn
Oregon Supreme Court
Appeal from Tillamook County. On tbe sixteenth day of August, 1872, the respondent sold and conveyed to W. T. Baxter five acres of land for a mill-site, and on the same day, by a separate deed, conveyed to him a right of way across his land for a millrace, for the purpose of floating logs and supplying the mill with water, as follows: “This indenture, made the sixteenth day of August, 1872, between Warren N. Vaughn, of the county of Tillamook and state of Oregon, of the…
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Appeal from Tillamook County. On tbe sixteenth day of August, 1872, the respondent sold and conveyed to W. T. Baxter five acres of land for a mill-site, and on the same day, by a separate deed, conveyed to him a right of way across his land for a millrace, for the purpose of floating logs and supplying the mill with water, as follows: “This indenture, made the sixteenth day of August, 1872, between Warren N. Vaughn, of the county of Tillamook and state of Oregon, of the first part, and William T. Baxter, of the same place, of the second part. Whereas, the said parties, at the time of the…
1Opinion of the Court
*336Bv the Court,
Kelly, C. J.:
The deed made by the respondent to Baxter, on the sixteenth of August, 1872, is somewhat informal; but, after all, there is no difficulty in ascertaining what was the intention of the grantor when he made it, and what was actually granted by the deed. By a recital contained in it, it appears that Baxter was then in the act of constructing a race along Kilchis river, and the testimony shows that the place where the water was to be taken from the river was aboul one and a half miles above the upper end of respondent’s land. Baxter was about to erect a saw-mill on a…
2Cases cited1 opinion
- Lyman v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1828
3Cited by11 opinions
- Watson v. BanducciCourt of Appeals of Oregon · 1999
- Clark v. KuhnCourt of Appeals of Oregon · 2000
- Ericsson v. BraukmanCourt of Appeals of Oregon · 1992
- State Department of Fish & Wildlife v. KortgeCourt of Appeals of Oregon · 1987
- Central Oregon Fabricators, Inc. v. HudspethCourt of Appeals of Oregon · 1999
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