Mahoney v. Neiswanger
Idaho Supreme Court
APPEAL from District Court, Ada County. The evidence shows that he plaintiff owns three hundred and twenty acres, and that there is only about seventy inches of water supplied by the springs. And even if he had not actual acreage sufficient to cover the entire seventy inches, he would have the right to increase his acreage from year to year, which the evidence all shows they were doing.
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APPEAL from District Court, Ada County. The evidence shows that he plaintiff owns three hundred and twenty acres, and that there is only about seventy inches of water supplied by the springs. And even if he had not actual acreage sufficient to cover the entire seventy inches, he would have the right to increase his acreage from year to year, which the evidence all shows they were doing. (Oonant v. Jones, 3 Idaho, 606, 32 Pac. 250; Hindman v. Bizor, 21 Or; 112, 27 Pac. 13; Simmons v. Winters, 21 Or. 35, 28 Am. St. Eep. 727, 27 Pac. 7.) The plaintiff derives no benefit whatever from any use…
1Opinion of the CourtHuston, C. J.
— This action was brought by the plaintiff to settle the right to certain waters to which both plaintiff and defendants assert claims. From the judgment of the district court, as well as from the order denying a new trial, plaintiff appeals.
The district court finds that the plaintiff and his predecessors in interest own and have been in possession of three hundred and twenty acres of land, as claimed in his complaint; that the same have been owned and possessed by plaintiff and his predecessors in interest since 1870; that in 1870 the predecessor in interest of the plaintiff appropriated…
2Cases cited3 opinions
- Conant v. JonesIdaho Supreme Court · 1893
- Hillman v. HardwickIdaho Supreme Court · 1891
- Sabin v. CurtisIdaho Supreme Court · 1893
3Cited by6 opinions
- Lemmon v. HardyIdaho Supreme Court · 1974
- Zezi v. LightfootIdaho Supreme Court · 1937
- Pioneer Irrigation District v. American Ditch Ass'nIdaho Supreme Court · 1931
- Stickney v. HanrahanIdaho Supreme Court · 1900
- Parke v. BellIdaho Supreme Court · 1975
1 more not listed; retrieve them via the Exa API.