Garns v. Rollins
Utah Supreme Court
Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Sarah. E. Gams against C. O. Rollins, Plaintiff appeals from a judgment granting insufficient relief. STATEMENT OE EAOTS. This is an action involving the title and tbe right to use certain waters which accnmnlate upon plaintiff’s land. The appeal is on the judgment roll alone.
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Appeal from District Court, Second District; Hon. J. A. Howell, Judge. Action by Sarah. E. Gams against C. O. Rollins, Plaintiff appeals from a judgment granting insufficient relief. STATEMENT OE EAOTS. This is an action involving the title and tbe right to use certain waters which accnmnlate upon plaintiff’s land. The appeal is on the judgment roll alone. The findings of fact, all of which respond to and are within the issues presented by the pleadings, in substance, are: That the source of the water in controversy is on a fourteen-acre tract of plaintiff’s land. That for more than thirty…
1Opinion of the CourtMcOARTY, J.
(after stating the facts as above).
Appellant, in her assignments of error, assails the conclusions of law wherein the court finds that her title to the water in dispute is “subject to the condition that said water shall be beneficially used by the plaintiff or her successors in interest exclusively upon the land described in her said complaint,” and that the defendant is entitled to' the use of all the *265water in, question “which is not necessary to tbe irrigation and cultivation of plaintiff’s said land.” Appellant also objects to that part of the judgment in which defendant is “decreed the…
2Cases cited26 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- City of Los Angeles v. PomeroyCalifornia Supreme Court · 1899
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Roath v. DriscollSupreme Court of Connecticut · 1850
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3Cited by24 opinions
- Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
- Wrathall v. JohnsonUtah Supreme Court · 1935
- Bower v. Big Horn Canal Ass'n.Wyoming Supreme Court · 1957
- Wills v. MorrisMontana Supreme Court · 1935
- Riordan v. WestwoodUtah Supreme Court · 1949
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