Dalton v. Bowker
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, "Washoe County. The facts are stated in the opinion. The appeal was by defendant from the judgment and an order overruling his motion for new trial. I. The only estate conveyed by the deed from Bowker to Dalton is that described in the granting part thereof, and any covenants therein can only apply thereto.
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Appeal from the District Court of the Second Judicial District, "Washoe County. The facts are stated in the opinion. The appeal was by defendant from the judgment and an order overruling his motion for new trial. I. The only estate conveyed by the deed from Bowker to Dalton is that described in the granting part thereof, and any covenants therein can only apply thereto. All after the granting clause in reference to the waters of Thomas Creek is mere surplusage and adds nothing to the effect or force of the deed either explanatory or otherwise. It does not amount to a grant of a water right,…
1Opinion of the Court
By the Court,
Hawley, J.:
This was an action upon a covenant of warranty. It appears from the testimony that on May 4, 1870, appellant Bowker conveyed to respondent Dalton a quarter section of land. After a proper description of the land, the following language is inserted in the deed, viz: “also, the prior right to use for irrigation and other farming purposes the one-half of the waters of Thomas Creek, the natural channel of which is situate in and through the above described land. ” By a covenant contained in said deed, Bowker “warrants the title to said land and the use of said water, and…
2Cases cited10 opinions
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Kinney v. WattsNew York Supreme Court · 1835
- Brown v. BrownTennessee Supreme Court · 1849
- Wiley v. HowardIndiana Supreme Court · 1860
- Morris v. PhelpsNew York Supreme Court · 1809
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3Cited by20 opinions
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- Hazelett v. WoodruffSupreme Court of Missouri · 1899
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