Johnson v. Hicks

626 P.2d 938 (1981)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
J
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Johnson v. Hicks

Oregon Court of Appeals
626 P.2d 938 (1981)

Facts

In 1964, Neil Hicks (defendant) and Hoy Johnson, the husband of Margaret Johnson (plaintiff), installed an irrigation system along the boundary line of the Johnsons’ and Hicks’s neighboring properties. The system included moveable aluminum pipe used to irrigate the pasture owned by the Johnsons, and a portion of the pipe was located on the Johnsons’ property. Mr. Johnson testified that the irrigation system was to be permanent. In 1969, the Johnsons divorced, and Ms. Johnson was awarded the family home and the property on which the home was located. Mr. Johnson testified that he had allowed Ms. Johnson to continue using the irrigation system after their divorce, and refused to let Hicks remove Ms. Johnson’s access. Ms. Johnson continued to use the irrigation system for watering her yard and trees until April 1, 1979, when Hicks entered her property and moved the irrigation pipe onto his own property. Ms. Johnson brought suit, seeking an injunction to restore the irrigation system. The trial court found that Ms. Johnson had not proven her right to use the irrigation system, and dismissed all claims. Johnson appealed.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 805,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 805,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 805,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms