Idaho-Iowa Lateral & Reservoir Co. v. Fisher
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Action to quiet title to an easement of land for reservoir and dam purposes. The plaintiff in this case contends that the grant of a right of way for a ditch, canal or reservoir, under sec. 14, art. 1 of the constitution, is not a sale or disposal of the lands, but simply the granting of an easement over the same, the legal title of which remains in the state.
Read the full summary
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Chas. P. McCarthy, Judge. Action to quiet title to an easement of land for reservoir and dam purposes. The plaintiff in this case contends that the grant of a right of way for a ditch, canal or reservoir, under sec. 14, art. 1 of the constitution, is not a sale or disposal of the lands, but simply the granting of an easement over the same, the legal title of which remains in the state. “The right of travel over another’s land may be denominated a right of way; it is an easement.” (Clawson v. Wallace, 16 Utah,…
1Opinion of the CourtSullivan, C. J.
— This action was brought by the plaintiff, a corporation, to quiet its title to 2.86 acres of the SE. % of the NE. % of sec. 36, Twp. 3 N., Range 1, W. B. M., Ada county, excepting a certain part thereof which is described in the complaint by metes and bounds.
An answer and cross-complaint were filed by the defendant. The answer denied that plaintiff had any right, title or interest whatever in said land, and in the cross-complaint the defendant alleged that he was the owner of said land and entitled t'o the possession thereof.
Upon the issues thus made the cause was tried by the court without…
2Cases cited4 opinions
- Imperial Irrigation Co. v. JayneTexas Supreme Court · 1911
- Hollister v. StateIdaho Supreme Court · 1903
- Tobey v. BridgewoodIdaho Supreme Court · 1912
- Hollister v. StateIdaho Supreme Court · 1904
3Cited by9 opinions
- State ex rel. Johnson v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1943
- Ross v. Trustees of UniversityWyoming Supreme Court · 1924
- Wasden v. IDAHO STATE BD. OF LAND COM'RSIdaho Supreme Court · 2010
- Idaho Watersheds Project, Inc. v. State Board of Land CommissionersIdaho Supreme Court · 1996
- United States v. FullerDistrict Court, D. Idaho · 1937
4 more not listed; retrieve them via the Exa API.