Whalon v. North Platte Canal & Colonization Co.

Error to the District Court, Laramie County, Hon. Richard H. Scott, Judge. Action to enjoin the threatened construction of a ditch across the lands of plaintiff. The material facts are stated in the opinion. The point at issue in the entire case is whether the plaintiff in error was prior in point of time, and, therefore, in right, with the Whalon Ditch, or whether the defendant in error was prior in point of time, and, therefore, in right, with the Whalen Falls Canal and Powef Company Ditch. . Upon the theory of the plaintiff in error, he was prior in point of time, and, therefore, in right.…