Paddock v. Clark
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action- to quiet title to water right. Judgment for defendant. The fact being established that the water right was appurtenant to the land at the time of the conveyance, plaintiff was entitled to judgment, since a water right appurtenant to the land will pass by conveyance of the land, unless expressly reserved or excepted.
Read the full summary
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action- to quiet title to water right. Judgment for defendant. The fact being established that the water right was appurtenant to the land at the time of the conveyance, plaintiff was entitled to judgment, since a water right appurtenant to the land will pass by conveyance of the land, unless expressly reserved or excepted. (Hall v. Blackman, 8 Ida. 272, 68 Pac. 19; Bussell v. Irish, 20 Ida. 194, 118 Pac. 501; Frank v. Hicks, 4 Wyo. 502, 35 Pae. 475, 1025; Cave v. Crafts, 53 Cal. 135;…
1Opinion of the CourtStewaet, C. J.
This action was brought by the appellant against the respondent to quiet title to 75 inches of water of the Boise river going through the New York canal *501and the Penninger lateral, and nsed and applied to a beneficial use upon lands owned by the respondent prior to the time such land was conveyed by respondent to the appellant. Judgment was rendered for respondent. This appeal is from the judgment and from the order denying a motion for a new trial.
The controversy arises out of the construction to be placed upon a deed conveying title to real property made by respondent to appellant. The…
2Cases cited9 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Nielson v. ParkerIdaho Supreme Court · 1911
- Hall v. BlackmanIdaho Supreme Court · 1902
- Taylor v. HulettIdaho Supreme Court · 1908
- Ada County Farmers' Irrigation Co. v. Farmers' Canal Co.Idaho Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Harris v. ChapmanIdaho Supreme Court · 1931
- Koon v. EmpeyIdaho Supreme Court · 1924
- Ireton v. Idaho Irrigation Co.Idaho Supreme Court · 1917
- Hunt v. BremerIdaho Supreme Court · 1929
- Follett v. Taylor BrothersIdaho Supreme Court · 1956
4 more not listed; retrieve them via the Exa API.