Gess v. Nampa & Meridian Irrigation District
Idaho Supreme Court
APPEAL .from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to recover money paid under duress. Judgment for plaintiff. Hugh E. McElroy, for Appellant. Parties acquiring interests in the same canal are under no obligation to maintain the canal for the benefit of their co-owners, and hence are under no obligation to make deliveries for the benefit of their co-owners. {Nampa & Meridian Irr.
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APPEAL .from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to recover money paid under duress. Judgment for plaintiff. Hugh E. McElroy, for Appellant. Parties acquiring interests in the same canal are under no obligation to maintain the canal for the benefit of their co-owners, and hence are under no obligation to make deliveries for the benefit of their co-owners. {Nampa & Meridian Irr. Dist-. v. Gess, 17 Ida. 552, 106 Pac'. 993.) “The general rule is that where an unfounded or illegal demand is made upon a person, and the law furnishes…
1Opinion of the CourtMorgan, C. J.
In 1878 William B. Morris Constructed an irrigation canal by means of which water was diverted from Boise River. At about that time he sold, and thereafter his heir and devisee conveyed, to the predecessor in interest of respondent’s intestate a section of land and a free and perpetual water right therefor from the canal.
In 1889 the canal was greatly enlarged and extended by the successors in interest of Morris for the purpose of eon*193veying water to other lands than those intended to be irrigated from it at the time the water right in question was disposed of as above stated. The enlargement…
2Cases cited10 opinions
- Joannin v. OgilvieSupreme Court of Minnesota · 1892
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- De Graff v. County of RamseySupreme Court of Minnesota · 1891
- Hendry v. HendryOregon Supreme Court · 1918
- Siverson v. ClantonOregon Supreme Court · 1918
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3Cited by4 opinions
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