Marshall v. Underwood

ADAIR, District Judge.

— The plaintiff instituted this action to quiet title to certain springs which he designated in his complaint as the “Lower Hot Springs,” situate on lands owned by him near Downey, Idaho, in Section 12, Twp. 12 S. of Range 37 E., B. M., and claimed said waters, as against the respondent, for irrigation and commercial bathing purposes. The defendant, besides filing a cross-complaint • under which he claimed a prior right to said waters, by his answer alleged that the entire matter is res judicata, having been completely and finally adjudicated between the same parties in…