Oregon Supreme Court January 27, 1920 (Tyler v. Obiague)

BURNETT, J.

The predecessor of the defendants in title was W. B. Parker, who is a brother of Hattie May Tyler and brother-in-law of the other plaintiff, S. F. Tyler. Admittedly, Parker put his dam into Cote Slough and dug the first ditch before the Tylers appeared on the scene. The plaintiffs claim nothing *61but tbe right to use the flood waters that come upon their premises.