Johnson Irrigation Co. v. Ivory

Kimball, Chief Justice.

The plaintiff, an irrigation company, is the grantee of the United States under sections 18 to '21 of the act of congress of March 3, 1891 (26 Stat. 1101, 43 USCA §§ 946-949) of a right of way for its reservoir and canal for irrigation purposes. Lands which are largely covered by plaintiff’s reservoir on its right of way have been granted to defendants by homestead patents subject to the right of way.

Plaintiff claims the right of exclusive possession of its right of way, and brought this action to quiet its title and enjoin defendants from entering upon or occupying any…