Shultz v. Atkins

McFADDEN, Chief Justice.

Plaintiffs-respondents, George and Pauline Shultz, instituted this action against defendants-appellants, Norman J. “Pete” and Viola Atkins, and defendants, Thane and Margaret McAllister and Max A. and Lue Dean Williams, seeking a permanent right to draw and use water from a well located on the Atkins’ residential property. After a trial to the district court sitting without a jury, judgment was entered that the Shultzes had “a permanent right to have culinary and domestic water delivered from the well”. The Atkinses appealed. This court reverses the judgment for the…