Tartar v. Spring Creek Water & Mining Co.
California Supreme Court
Appeal from the District Court of the Ninth Judicial District, Shasta County. Bill for an injunction to restrain the defendants from diverting the water course of plaintiff’s mill. The facts are as follows: In June, 1852, A. G. Chauncey & Co. commenced the construction of a saw mill on lands of the United States in Shasta county, at the mouth of a small stream called Spring Creek, and completed it in November of the same year, at a cost of about ten thousand dollars.
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Appeal from the District Court of the Ninth Judicial District, Shasta County. Bill for an injunction to restrain the defendants from diverting the water course of plaintiff’s mill. The facts are as follows: In June, 1852, A. G. Chauncey & Co. commenced the construction of a saw mill on lands of the United States in Shasta county, at the mouth of a small stream called Spring Creek, and completed it in November of the same year, at a cost of about ten thousand dollars. The lands were mineral lands of the United States, containing mines of gold. The length of the creek, from its source to its…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
The current of decisions of this Court go to establish, that the policy of this State, as derived from her legislation, is to permit settlers, in all capacities, to occupy the public lands, and by such occupation, to acquire the right of undisturbed enjoyment against all the world but the true owner.
In evidence of this, Acts have been passed to protect the possession of agricultural lands acquired by mere occupancy; to license miners; to provide for the recovery of mining claims; recognizing canals and ditches which were known to divert the water of streams from their…
2Cited by12 opinions
- Thayer v. California Development Co.California Supreme Court · 1912
- Roy Hunter v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- State v. MooreCalifornia Supreme Court · 1859
- Fullerton v. State Water Resources Control BoardCalifornia Court of Appeal · 1979
- Brandt v. WheatonCalifornia Supreme Court · 1877
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