Brossard v. Morgan
Idaho Supreme Court
APPEAL from District Court, Bannock County. A water right is real estate and subject to all of the rights and limitations of real estate. (Wyatt v. Irrigation Co., 18 Colo. 298, 36 Am. St. Rep. 280, 33 Pac. 144; Travelers’ Ins. Go. v. Childs, 25 Colo. 360, 54 Pae. 1020.) A water right acquired by the user oí water under a contract with an irrigation company is an incorporeal herditament descendible by inheritance to the owner’s heirs and constitutes a freehold estate.
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APPEAL from District Court, Bannock County. A water right is real estate and subject to all of the rights and limitations of real estate. (Wyatt v. Irrigation Co., 18 Colo. 298, 36 Am. St. Rep. 280, 33 Pac. 144; Travelers’ Ins. Go. v. Childs, 25 Colo. 360, 54 Pae. 1020.) A water right acquired by the user oí water under a contract with an irrigation company is an incorporeal herditament descendible by inheritance to the owner’s heirs and constitutes a freehold estate. (Wyatt v. Larimer, 18 Colo. 298, 36 Am. St. Rep. 280, 33 Pac.. 144.) Where deeds to land include appurtenances to the land,,…
1Opinion of the CourtQuarles, J.
This action came before us and was considered upon a former appeal (see Brossard v. Morgan, 6 Idaho, 479, 56 Pac. 163), when this court refused to reverse an order granting a new trial. Upon a retrial of the cause the lower court found that the plaintiffs (respondent here) were prior appropriators of the water of Stockton creek, claimed by them, and which is in dispute, and decreed their rights to be prior in time to those claimed by the appellant. This appeal is upon the judgment-roll, so far as the appeal from the judgment is concerned; the evidence not being in the record, either by way of…
2Cases cited1 opinion
- Brossard v. MorganIdaho Supreme Court · 1899
3Cited by9 opinions
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- Wood River Power Co. v. ArkooshIdaho Supreme Court · 1923
- Jobling v. TuttleSupreme Court of Kansas · 1907
- Mountain Home Irrigation District v. DuffyIdaho Supreme Court · 1957
- Village of Fairview v. Franklin Maple Creek Pioneer Irrigation Co.Idaho Supreme Court · 1938
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