Smith v. North Canyon Water Co.
Utah Supreme Court
Appeal from the Second district court, Weber county. H. H. Rolapp, Judge. Action by John Smith against North Canyon Water Company. Decree for defendant, and plaintiff appeals. This action was brought September 30, 1896, to quiet title to 134- shares, or 13-J-212, of a stream of water known as “North Canyon Creek," in Davis county, and $2,000 as damages for withholding said water from the plaintiff for a period of four years next prior to the commencement of this suit.
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Appeal from the Second district court, Weber county. H. H. Rolapp, Judge. Action by John Smith against North Canyon Water Company. Decree for defendant, and plaintiff appeals. This action was brought September 30, 1896, to quiet title to 134- shares, or 13-J-212, of a stream of water known as “North Canyon Creek," in Davis county, and $2,000 as damages for withholding said water from the plaintiff for a period of four years next prior to the commencement of this suit. The testimony given in the case is not reported, but it appears from the findings of fact that, in 1877, Bent Rolfson and…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
*199It clearly appears that at the time of the organization of the water district of the defendant, in 1877, Eolfson, the plaintiff’s predecessor in interest, had an unquestioned right to 10 acres of water, or 10-212 of the water, owned by thé company in the North Canyon creek. This right was not diminished by the relinquishment of 3-& acres of water from Howard to him. Eolfson, after such organization, took possession and used the water on 10 acres of his 120-acre farm, at least for the years 1877, 1878, and 1879, and paid all the taxes levied upon his right. His right to…
3Cases cited6 opinions
- Cave v. CraftsCalifornia Supreme Court · 1878
- Unger v. MooneyCalifornia Supreme Court · 1883
- Colman v. ClementsCalifornia Supreme Court · 1863
- Thomas v. GlendinningUtah Supreme Court · 1896
- Bradley v. HarknessCalifornia Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
4Cited by16 opinions
- Oregon Construction Co. v. Allen Ditch Co.Oregon Supreme Court · 1902
- Wellsville East Field Irr. Co. v. Lindsay Land & Livestock Co.Utah Supreme Court · 1943
- Hammond v. JohnsonUtah Supreme Court · 1937
- Toyaho Creek Irrigation Co. v. HutchinsCourt of Appeals of Texas · 1899
- Mattis v. HosmerOregon Supreme Court · 1900
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