Craig v. Smith
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District of the State of Idaho, for Gem County. Hon. I. F. Smith, Judge. Action to quiet title. Judgment for plaintiffs. It is a condition precedent to the existence of a water, right under sec. 5639, C. S., that payment therefor shall have been made. (Bennett v. Twin Falls etc.
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APPEAL from the District Court of the Seventh Judicial District of the State of Idaho, for Gem County. Hon. I. F. Smith, Judge. Action to quiet title. Judgment for plaintiffs. It is a condition precedent to the existence of a water, right under sec. 5639, C. S., that payment therefor shall have been made. (Bennett v. Twin Falls etc. Water Co., 27 Ida. 643, 150 Pae. 336.) That section does not apply to nor include a mechanic’s lien on the property and the defendant claims title to the canal under a foreclosure of his mechanic’s lien. The defendant has a lien upon the water right and ditch for…
1Opinion of the CourtDunn, J.
This is an action brought by the plaintiff on behalf of himself and a large number of other persons similarly situated to quiet title to their respective water rights .in the irrigation system now being maintained and operated by the Emmett Irrigation District.
No answer was filed by the defendant, but the plaintiff and defendant entered into a stipulation of facts, of which the material ones will be stated in the opinion. Judgment as prayed for was entered by the trial court and defendant has appealed.
In December, 1903, the Canyon Canal Co., Ltd., hereinafter called the canal company, entered…
2Cases cited4 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- Childs v. NeitzelIdaho Supreme Court · 1914
- Idaho Irrigation Co. v. PewIdaho Supreme Court · 1914
3Cited by2 opinions
- Mitchell v. StateSupreme Court of Florida · 1946
- Lakeview Canal Co. v. Hardesty M. Co.Wyoming Supreme Court · 1924