McReynolds v. Harrigfeld
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District for Fremont County. Hon. James G. Gwinn, Judge. Action to quiet title to ditch and right of way for same across lands and to obtain an injunction restraining defendants from interfering with plaintiffs’ use of same.
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APPEAL from the District Court of the Ninth Judicial District for Fremont County. Hon. James G. Gwinn, Judge. Action to quiet title to ditch and right of way for same across lands and to obtain an injunction restraining defendants from interfering with plaintiffs’ use of same. A parol license to enter and construct a ditch over lands by a gratuitous consent of the owner operates as an irrevocable grant after entry and construction of the ditch, its interrupted use for two years and expenditure of money to make the water available for the purpose of irrigation. (De .Graffenvied v. Sewage, 9…
1Opinion of the Court
WALTERS, District Judge.
-The appellants herein, who were plaintiffs below, brought this action in the trial court to obtain decree quieting in them title to a certain ditch and right of way for the same, across the lands of the respondents, who were defendants below, and to obtain an injunction perpetually restraining defendants from interfering with plaintiff’s use of the same.
After trial the lower court found that plaintiffs based their claim of title to said ditch and right of way for the same upon the fact that the predecessors in interest of plaintiffs had procured from the defendants a…
2Cases cited7 opinions
- Bowman v. BowmanOregon Supreme Court · 1899
- Great Falls Water Works Co. v. Great Northern Railway Co.Montana Supreme Court · 1898
- Howes v. BarmonIdaho Supreme Court · 1905
- Lee v. McLeodNevada Supreme Court · 1877
- Stowell v. TuckerIdaho Supreme Court · 1900
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3Cited by11 opinions
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- Fajen v. PowlusIdaho Supreme Court · 1975
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