Josslyn v. Daly
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for the County of Blaine. Hon. E. A. Walters, Judge. Action by the plaintiff to obtain an adjudication and decree of his rights and priorities in and to the waters of Seaman’s creek in Blaine county, and to quiet his title thereto. Judgment for plaintiff, and defendant appeals.
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APPEAL from the District Court of the Fourth Judicial District for the County of Blaine. Hon. E. A. Walters, Judge. Action by the plaintiff to obtain an adjudication and decree of his rights and priorities in and to the waters of Seaman’s creek in Blaine county, and to quiet his title thereto. Judgment for plaintiff, and defendant appeals. Prior appropriation of all the water of a stream for irrigating purposes goes to the tributaries, and when this right once vests it must be protected and upheld. Bights cannot be acquired to the waters of springs situated along the channel of a stream and…
1Opinion of the CourtAilshie, C. J.
This action involves the right to the use of a certain portion of the waters of Seaman’s creek in Blaine county. The principal facts upon which the case rests are as follows: Sometime about the year 1881, a man named Hank Riddle, and his wife, Jennie B. Riddle, located on a tract of unsurveyed public lands lying along the course of Seaman’s creek, and which as then claimed comprised the lands now owned and occupied by both appellant and respondent. About the same time the next adjoining tract of land above that taken by Riddle was occupied and claimed by other settlers, and is and has been…
2Cases cited15 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Cave v. CraftsCalifornia Supreme Court · 1878
- Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
- Frank v. HicksWyoming Supreme Court · 1894
- Hard v. Boise City Irrigation & Land Co.Idaho Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- A & B Irrigation District v. Idaho Department of Water ResourcesIdaho Supreme Court · 2012
- Mays v. District Court ex rel. Butte CountyIdaho Supreme Court · 1921
- Cantlin v. CarterIdaho Supreme Court · 1964
- Fritcher v. KelleyIdaho Supreme Court · 1921
- Hanley v. Pacific Live Stock Co.Court of Appeals for the Ninth Circuit · 1916
8 more not listed; retrieve them via the Exa API.