Clegg v. Schvaneveldt

This appeal involves but one question, namely, Do the allegations of the complaint state a cause of action? The court below sustained a general demurrer to the complaint. Plaintiff refused to amend, and the action was dismissed. Plaintiff appeals from the order sustaining the demurrer and from the judgment of dismissal. It is, in substance, alleged in the complaint: That defendant is, and at all times mentioned in the complaint was, the owner of 428 acres of land in township 12 north, range 1 west, of the Salt Lake Meridian, in Cache county, Utah, together with the water right used thereon;…