114 P. 86 | Or. | 1911
Opinion by
As to the date of the McLaughlin appropriation, Mrs. McLaughlin testified that early in the spring, not later than March, 1881, J. B. McLaughlin posted a water-right notice, cleared sage brush off of the land, and did some scraping toward the construction of the McLaughlin ditch; that she went to the ditch on the 12th day of July, 1881, while he was at work there, and states why she has good reason to remember the circumstances and time. Mrs. Stacey testifies that her husband prior to 1881 had an arrangement with J. B. McLaughlin to move down to Malheur River, and early in the spring of 1881 that her husband, at the request of J. B. McLaughlin, went down there to attend a ditch meeting. Mr. Frohman testifies that in March, 1881, McLaughlin was at work on the ditch; that he did some plowing and cut brush on the line of the ditch. Mr. Mumford testifies that on the fourth day of July, 1881, McLaughlin showed him the ditch, and he saw that he had done some work on it. Mr. Linebarger testifies as to a meeting of six settlers held in February, 1881, at his house, to arrange about this ditch, and that an agreement was made in the interest of all, and that McLaughlin was to proceed with it, the others to contribute their part in work and money. Mr. Rinehart states that in June, 1881, he saw that work had been done on the ditch. Also F. W. Stacey and A. A. Robbins testified that work had been done thereon in the spring of 1881. On May 18, 1882, Foster saw the notice, and saw that work had been done on the ditch. There can be no doubt but that a notice had been posted and some plowing and clearing had been done on the line of
The decree is affirmed.
Affirmed: Rehearing Denied.