Oregon Supreme Court March 3, 1908 (Watts v. Spencer)

Opinion by

Mr. Commissioner Slater.

The main issue between the parties is the priority of their respective rights. In 1858, Simon Messenger and J. C. Duncan entered upon the southwest quarter of section 12, township 38 south, range 5 west, then vacant and unappropriated lands of the United States, in Josephine County, through which Williams Creek runs in a northeasterly direction.