McPhail v. Forney
Wyoming Supreme Court
ERROR to District Court for Carbon County, Hon. Jesse Knight, Judge. This was an action brought by William G. Eorney, individually and as administrator. of the estate of Mollie Eorney, deceased, and Jane P. Dillard, against Donald McPhail, to enjoin a diversion of water from a certain irrigating ditch known as the “Eorney Ditch Co. Ditch.”
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ERROR to District Court for Carbon County, Hon. Jesse Knight, Judge. This was an action brought by William G. Eorney, individually and as administrator. of the estate of Mollie Eorney, deceased, and Jane P. Dillard, against Donald McPhail, to enjoin a diversion of water from a certain irrigating ditch known as the “Eorney Ditch Co. Ditch.” The State Board of Control on March 24, 1892, upon determining the priorities of water rights upon Jack Creek, caused to be issued to the Eorney Ditching Company a certificate of appropriation for 4.57 cubic feet of water per second, as a first…
1Opinion of the Court
Cost aw ay, Justice.
It is alleged in the pleadings by the parties to this action, both plaintiffs and defendant, that defendants in error own a four-fifths interest in the irrigating ditch known as the For-. ney Ditching Company’s Ditch, and that plaintiff in error owns a one-fifth interest in the same ditch. Plaintiff in error, however, claims the right to divert from said ditch and use more than one-fifth of the water carried by it. The parties, *560plaintiffs and defendant, both claim under an order of the board of control dated March 24, 1892, determining and establishing in the Forney Ditch…
2Cited by13 opinions
- Johnston v. Little Horse Creek Irrigating Co.Wyoming Supreme Court · 1904
- Sturgeon v. BrooksWyoming Supreme Court · 1955
- Scherck v. NicholsWyoming Supreme Court · 1939
- Rabido v. FureyIdaho Supreme Court · 1920
- Wyoming v. ColoradoSupreme Court of the United States · 1936
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