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Old Mill Ditch & Irr Co. v. Estell

Old Mill Ditch & Irr Co. v. Estell, 133 P. 90 (Or. 1913)
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Court
Oregon Supreme Court · State Highest Courts
Decided
July 8, 1913
Judges
Bean, Eakin, McBride, McNary
Citations
133 P. 9065 Or. 5861913 Ore. LEXIS 300
Disposition
Modified.
Summary
From Jackson: Frank M. Calkins, Judge. Statement by Mr. Justice McNary. This is a suit by the Old Mill Ditch & Irrigation Company, an Oregon corporation, against Barbara E. Estell, to quiet title to an irrigation ditch owned by plaintiff in the northwest quarter of section 4, township 36 south, range 4 west of the Willamette meridian in Jackson County, Oregon. Defendant asserts a perpetual right to the use of a specified flow of the water therein.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McNary

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Mr. Justice McNary

delivered the opinion of the court.

The legal questions presented by this appeal are identical with those in the case of the Old Mill Ditch & Irr. Co. v. William Breeding, ante, p. 581 ( 133 Pac. 89 ), in which an opinion has just been rendered.

For the reasons indicated in that case, the decree of the trial court is modified as therein set forth.

Modified.

Mr. Chief Justice McBride, Mr. Justice Bean and Mr. Justice Eakin concur.

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Old Mill Ditch & Irr. Co. v. Breeding, 133 P. 89 (Or. 1913) 2

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