Yakima County v. Tullar
Washington Territory
Error to the District Court holding terms at North Yakima. Fourth District. The defendant in error recovered a judgment against the county for damages sustained by the establishment of a public highway through his timber culture claim, to which he had not yet acquired title, but which was lawfully in his. possession. The county appealed from the judgment.
1Opinion of the CourtJustice Allyn
Appellee, in 1885, entered a timber culture claim on the *395northwest quarter of section 30, township 9 north, range 26 east, in Yakima county, and thereafter cultivated said land under the timber culture law. There was upon said claim three valuable springs. In the same year, appellee entered 160 acres adjoining as a homestead, and lives thereon. The water for appellee’s dwelling, and other purposes, is derived from the springs above and upon said timber culture entry. The following year, the county commissioners of said county ordered a road located directly through said timber culture claim,…
2Cited by4 opinions
- Wendel v. Spokane CountyWashington Supreme Court · 1902
- Korf v. IttenSupreme Court of Colorado · 1917
- United States v. HansonCourt of Appeals for the Ninth Circuit · 1909
- Thomsen v. StateWashington Supreme Court · 1966