Koon v. Empey

WILLIAM A. LEE, J.,

Dissenting. — The only question presented by this appeal is this: Did th© trial court err in refusing to allow appellants to show by extrinsic evidence that a deed executed by appellant Olive in 1905, conveying certain premises to respondent, was not intended by either of the parties to the conveyance to include a water right with the land? At this time the suit of Rexburg Irr. Co. et al. v. Teton Irr. Canal Co. et al. was pending in the district court. The purpose of that action, among other things, was to have a judicial determination of the right of appellant Olive to…