Legal Opinion

Cooper v. Shannon

Supreme Court of Colorado

Decided January 15, 1906No. 4705PublishedCited by 18 opinions

Appeal from the District Court of Jefferson County. Eon. James E. Oarrigues, Judge. Action by Tbomas Kirkwood, administrator, against Isaac C. Palmer. Prom a judgment of the district court, dismissing an appeal from the county court, and from a judgment for defendant, plaintiff appeals.

1Opinion of the CourtJustice Steele

The warranty deed to Shannon, the appellee, for the northwest quarter of section 34, township 2 south, of range 69 west, did not purport to convey water rights, but the ditch company incorporated in 1886, the year after Shannon bought the land, recognized his right to the use of twenty inches of water, as a prior right, because he and his grantors had been using water from another ditch which the company incorporated in 1886 had purchased. The company, when it purchased the old ditch, agreed to recognize certain priorities, and Shannon’s priority was one *101that it agreed to recognize, and the…

2Cases cited3 opinions

  1. Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
  2. Arnett v. LinhartSupreme Court of Colorado · 1895
  3. Bessemer Irrigating Ditch Co. v. WoolleySupreme Court of Colorado · 1904

3Cited by18 opinions

  1. Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
  2. Andersen-Randolph Co. v. TaylorSupreme Court of Colorado · 1961
  3. Stearns & Culver Lumber Co. v. FowlerSupreme Court of Florida · 1909
  4. Southeastern Colorado Water Conservancy District v. Twin Lakes Associates, Inc.Supreme Court of Colorado · 1989
  5. Seaweard v. Pacific Livestock Co.Oregon Supreme Court · 1907

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