Butte County v. Lovinger

The principal question involved in this case is whether or not certain waters and stock representing the same are appurtenances to certain lands. The defendants Lovinger and Delaney owned approximately 140 acres of land in Butte county; they also ownedi 50 shares of stock in the Redwater Irrigating Association, and by virtue thereof were entitled to 50 miner’s inches of water, which water was used to irrigate the land. On the 22d day of July, 1920, the defendants Lovinger and D'elaney, for the consideration of $5,000 of school funds of the state of South Dakota, mortgaged these certain lands…