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SILVERNALE v. LOGAN

448 P.2d 530 (1968)

Floyd V. SILVERNALE and Evelyn E. Silvernale, Respondents, v. Aubrey A. LOGAN and Martha Dell Logan, Appellants.

Supreme Court of Oregon, Department 2.

Decided December 31, 1968.

Attorney(s) appearing for the Case

G.W. Kellington, Medford, argued the cause for appellants. On the brief were Harbison, Kellington & Kellington, Medford.

No appearance for respondents.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN, and LANGTRY, JJ.

LANGTRY, Justice pro tem.

Defendants have appealed from an equity decree which adjudged a ditch and water pipeline to be easements by implication appurtenant to land, enjoined interference therewith, and awarded $500 damages to plaintiffs.

Plaintiffs' and defendants' adjoining tracts were part of a larger acreage patented to the Wilbers. The Wilbers, before disposing of any of this homestead, developed and obtained a right for water arising in a spring off...

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