Brown v. Grubb
Idaho Supreme Court
APPEAL from tbe District Court of the Sixth Judicial District for Lemhi County. Hon. J. M. Stevens, Judge. An action to determine the priority and to quiet title to water. The ante-mortem statements of J. B. Morrow should have been admitted. There was no apparent interest to deceive.
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APPEAL from tbe District Court of the Sixth Judicial District for Lemhi County. Hon. J. M. Stevens, Judge. An action to determine the priority and to quiet title to water. The ante-mortem statements of J. B. Morrow should have been admitted. There was no apparent interest to deceive. (2 Wigmore on Evidence, par. 1576.) The trial court took the view that the preponderance of the testimony was in favor of the respondent Horn, and the finding was made that his right should date from June 1, 1891. This finding should not be disturbed. (Buckle v. McConaghy, 12 Ida. 733, 88 Pac. 100; Heckman v.…
1Opinion of the CourtStewart, J.
— This is an action to quiet title to eighty inches or one and three-fifths cubic inches per second of time of the waters of Morse creek, diverted and appropriated and used by the plaintiff Horn, and also certain waters appropriated by John D. Brown and M. A. Brown, and to have the rights of the plaintiff Horn declared prior in time and superior to the rights and claims of the defendants and each of them. The defendants answered and plead their respective rights to water appropriated from Morse creek. When the cause was called for trial, the parties all agreed as to the decree that should be…
2Cited by6 opinions
- State v. SnoderlyIdaho Supreme Court · 1940
- Bachman v. Reynolds Irrigation DistrictIdaho Supreme Court · 1936
- Idaho Lumber & Hardware Co. v. DiGiacomoIdaho Supreme Court · 1940
- Hagan v. ClydeIdaho Supreme Court · 1939
- McCarthy v. HarropIdaho Supreme Court · 1931
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