Village of Peck v. Denison

450 P.2d 310 (1969)

92 Idaho 747

The VILLAGE OF PECK, a municipal corporation of the State of Idaho, Plaintiff-Respondent,

v.

Roger DENISON and Louise Denison, Defendants-Appellants.

No. 10159.

Supreme Court of Idaho.

January 27, 1969.

Rehearing Denied March 4, 1969.

J.H. Felton, Lewiston, for defendants-appellants.

Blake, Givens & Feeney, Lewiston, for plaintiff-respondent.

McQUADE, Justice.

The evidence produced at the trial established the following facts. A controversy arose over the ownership of certain rights to water arising upon approximately thirty-five acres of land about one-half a mile west…