Eastern Oregon Land Co. v. Willow River Land & Irrigation Co.

Citations

• 187 F. 466
• 1910 U.S. App. LEXIS 5776

Syllabus

<p>1. Injunction (§ 37*) — Possession oe Land — Disputed Title — Prior Trial at Law.</p> <p>Where, in a suit to restrain the conversion of the waste waters of a stream by the construction of a dam, complainant claimed to own the dam and reservoir site and also land below the dam under a wagon road grant which expressly reserved all lands containing mineral, and defendant denied plaintiff’s ownership, and claimed that the land was in fact mineral and so reserved, defendant was entitled to a trial of the issue of complainant’s title to a jury, and hence a court of equity would not oust defendant’s possession or enjoin it from using the premises until complainant’s title had been established at law.</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. § 85; Dec. Dig. § 37.*]</p> <p>2. Public Lands (§ 114*) — Patent—Collusiveness.</p> <p>The issuance of a patent to certain lands by.the United States was not a conclusive adjudication that the lands were nonmineral, where the patent itself contained an exception of all mineral lands should any be found in the tract described.</p> <p>IKd. Note. — For other cases, see Public Lands, Cent. Dig. ,'>14-322; Dec. Dig. § 314.*</p> <p>Decisions of land deparment, their conclusiveness and effect, see notes to 1 lari man v. Warren, 22 C. O. A. 38; Carson City (fold & 8. 31. Co. v. North Star 3Dn. Co., 28 C. C. A. 344 ; TJinta Tunnell 31. & T. Co. v. Creede & C. C. 31. & 31.. Co., 57 C. C. A. 207.]</p> <p>3. Waters and Water Courses (| 85*) — Riparian Proprietors —Right to Fi.ov -Injunction.</p> <p>While a riparian proprietor is entitled to the ordinary and usual flow of a stream so long as it is of beneficial use to him, including under some circumstances flood waters reasonably to be expected during the ordinary seasons, a lower riparian proprietor was not entitled to restrain diversion of the flood waters of a stream by a nonriparian proprietor, where he was not injured thereby.</p> <p>I Ed. Note. — For other cases, see