September October 2017

Water Rights Quiz 17 Professional Land Surveyors of Oregon | www.plso.org Which party prevails, the plaintiff Gardner or the defendant Wright, and why? This indenture made this 9th day of September, A.D.1864, between Harding W. Estes and Frederick Dill of the county of Baker and state of Oregon, parties of the first part, and Oscar L. Gordon and George W. Manville of the same place, par- ties of the second part: Witness, that the said parties of the first part for and in consideration of the sum of one thousand dollars to the parties of the first part in hand paid by the parties of the second part, the receipt whereof is hereby ac- knowledged, have granted, bargained, sold, conveyed, and quitclaimed and by these presents do grant, bargain, sell, convey, and forever quitclaim unto the said parties of the second part their heirs and assigns forever, all the right, title, interest, and claim of the said parties of the first part in and to a certain ranch or possessory claim to agricultural lands and the improvements thereon lying and being in said county and state and described as follows, to wit: That certain ranch or land claim on Washington creek in Powder River Valley below and ad- joining Gray’s ranch which has been improved by the parties of the first part and upon which they have resided from the month of June, A.D.1863, to the past sum- mer, and bounded as follows, to wit: Commencing at a stake about three rods south of said creek and about thirty rods in a southwesterly direction from the log house built by said parties of the first part and occupied by them as a resi- dence; thence east along a fence one hundred and sixty rods; thence north along a fence one hundred and sixty rods; thence west along a fence one hundred and sixty rods; thence south along a fence one hundred and sixty rods to the place of beginning; together with the right to the full and free use of the water of said Washington gulch and all privileges connected with the same, the said water hav- ing been taken up and appropriated by the parties of the first part, for the use and benefit of said ranch in the month of June, A.D.1862, at the time said ranch was located and claimed. To have and to hold the said premises, together with all and singular the rights, privileges, tenements, appurtenances, and improvements thereunto belonging or in any manner appertaining. And the said parties of the first part hereby covenant with and to the parties of the second part, their heirs and assigns, that they are the lawful possessors of said land or ranch and the sole owners of the improvements thereon and of the water right above mentioned, and that they have a full and perfect right to sell and dispose of the same, and that the title to the same they will forever warrant and defend against all persons whomsoever claiming by or under them, or either of them. In witness whereof the said parties of the first part have hereunto set their hands and seals this the day and year first above written. Continues on page 18 T