Cave v. Crafts
California Supreme Court
Appeal from the District Court of the Eighteenth Judicial District, San Bernardino County. The complaint alleges that the plaintiffs and defendant M. H. Crafts are, and since May 1st, 1853, have been, the owners of a certain water ditch and water rights, extending from the south bank of Mill Creek, through plaintiffs’ farms, and that they have the exclusive right to divert .water from said Mill Creek for agricultural and irrigating purposes; that the defendant M. H. Crafts…
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Appeal from the District Court of the Eighteenth Judicial District, San Bernardino County. The complaint alleges that the plaintiffs and defendant M. H. Crafts are, and since May 1st, 1853, have been, the owners of a certain water ditch and water rights, extending from the south bank of Mill Creek, through plaintiffs’ farms, and that they have the exclusive right to divert .water from said Mill Creek for agricultural and irrigating purposes; that the defendant M. H. Crafts owns the right to use the whole of the water from three P. M. to nine P. M. of Tuesday and Friday in each week, and no…
1Opinion of the Court
By the Court, McKinstry, J.:
There can he no doubt that the appellant Crafts is bound by the decree in Folks v. Crafts, so far as is concerned any claim on his part to the use of waters by reason of his one-sixth interest in the Carpenter ranch. Even if the same subject-matter were involved in the prior action of Crafts v. McCoy, the judgment in the prior action was not pleaded as a former determination in Folks v. Crafts. But the issue was different. In Folks v. Crafts the question was, what were the rights of the parties with respect to the use of certain waters when that action was…
2Cases cited3 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Basey v. GallagherSupreme Court of the United States · 1875
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
3Cited by85 opinions
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- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Simmons v. WintersOregon Supreme Court · 1891
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