WOOD v. WOODCOCK


554 P.2d 151 (1976)

276 Or. 49

John R. WOOD, Respondent, v. Lyle E. WOODCOCK, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 3, 1976.


Attorney(s) appearing for the Case

Patrick G. Huycke, Medford, argued the cause for appellant. With him on the briefs were Van Dyke, DuBay, Robertson & Hilts, P.C., Medford.

Oscar R. Nealy, Grants Pass, argued the cause for respondent. On the brief were Donald H. Coulter and Myrick, Coulter, Seagraves & Nealy, Grants Pass.


BRYSON, Justice.

Plaintiff brought this suit to enjoin defendant, an adjoining landowner, from interfering with "spring and seepage" water on which plaintiff claimed priority pursuant to a water permit issued by the state engineer. Defendant filed a general denial and a counterclaim for trespass and to establish a prescriptive easement over plaintiff's land.

The trial court entered a decree as follows:

"1. The defendant is hereby permanently and forever...

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