Holman v. Pleasant Grove City
Utah Supreme Court
Appeal from a judgment of tbe district court of the first district and from an order refusing a new trial. The pleadings in this case were as follows: The complaint alleged that plaintiffs father appropriated from American Fork river in 1851 enough water to irrigate fifty acres of land, and in 1869 appropriated water for ten acres additional.
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Appeal from a judgment of tbe district court of the first district and from an order refusing a new trial. The pleadings in this case were as follows: The complaint alleged that plaintiffs father appropriated from American Fork river in 1851 enough water to irrigate fifty acres of land, and in 1869 appropriated water for ten acres additional. In 1874 plaintiff succeeded his father in the ownership of said lands and water; that from 1874 to 1883, plaintiff used said water without hindrance on said sixty acres of land, at which time he received his water from defendant’s watermaster so as not…
1Opinion of the Court
Zane, 0. J.:
The plaintiff alleged in his complaint that, in 1851, John G. Holman, the father of the plaintiff, appropriated from American Fork river sufficient water to irrigate fifty acres of land, and in 18G9 enough more to irrigate ten acres; that in 1874 plaintiff acquired the land and the water right in question from his father; and that in 1888 and 1889 the defendant’s watermaster denied him the use of it. The defendant, in its answer, denied the appropriation of the water by John G. Holman, and the acquisition of it by the plaintiff. At the conclusion of plaintiff’s evidence the…
2Cases cited2 opinions
- Lakeside Ditch Co. v. CraneCalifornia Supreme Court · 1889
- City of Springville v. FullmerUtah Supreme Court · 1891
3Cited by10 opinions
- Walsh v. WallaceNevada Supreme Court · 1902
- Nephi Irrigation Co. v. VickersUtah Supreme Court · 1897
- Culmer v. CliftUtah Supreme Court · 1896
- Hecla Gold Mining Co. v. GisbornUtah Supreme Court · 1900
- Fisher v. Bountiful CityUtah Supreme Court · 1899
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