O'Neil v. Twohy Bros.
Oregon Supreme Court
From Crook: James U. Campbell, Judge. In Banc. After alleging that the defendant is a corporation, the complaint proceeds in substance to state that at all times mentioned in the pleadings the plaintiff was the owner of certain agricultural lands in Crook County, semi-arid in their nature but capable of producing crops when irrigated; that the plaintiff is the owner of a vested water right from the year 1909 appurtenant to 250 acres of said realty and drawn from the waters…
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From Crook: James U. Campbell, Judge. In Banc. After alleging that the defendant is a corporation, the complaint proceeds in substance to state that at all times mentioned in the pleadings the plaintiff was the owner of certain agricultural lands in Crook County, semi-arid in their nature but capable of producing crops when irrigated; that the plaintiff is the owner of a vested water right from the year 1909 appurtenant to 250 acres of said realty and drawn from the waters of Ochoco Creek through a ditch known as the Table Land Ditch; that during the year,1918 the defendant was engaged in…
1Opinion of the CourtBurnett, J.
1. In whatever form the questions in dispute may have been considered, they all turn upon the construction to be given the deed already mentioned. For the purposes of this opinion that instrument may be set down as an executed contract. It is pleaded by the plaintiff first according to the legal effect which he puts upon it and likewise is set out in haec verba as an exhibit, attached to and made part of his final pleading. In such a case the instrument itself prevails, to the exclusion of the statement of its legal effect in the pleading of which it is a part: Haworth v. Jackson, 91 Or. 272…
2Cases cited6 opinions
- Sutherlin v. BloomerOregon Supreme Court · 1907
- Interior Warehouse Co. v. DunnOregon Supreme Court · 1916
- Muir v. MorrisOregon Supreme Court · 1916
- Oregon Mill Co. v. KirkpatrickOregon Supreme Court · 1913
- Elliott Contracting Co. v. City of PortlandOregon Supreme Court · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Rights to Use of Waters of Silvies RiverOregon Supreme Court · 1924
- Marks v. Twohy Bros.Oregon Supreme Court · 1921
- Wright v. WhiteOregon Supreme Court · 1941
- Andersen v. TurpinOregon Supreme Court · 1943
- Strong v. MooreOregon Supreme Court · 1926
4 more not listed; retrieve them via the Exa API.