Utt v. Frey
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Searls, C.
This is an action to quiet the title of plaintiff to the water of the San Luis Rey river and its tributaries, and more particularly the water of Paubal creek, a branch of said river, and of a certain water ditch taking water therefrom, known as the Ardillo ditch, and formerly known as the Paubal ditch, situate in the county of San Diego, and used by plaintiff to conduct the water of said Paubal creek to certain land and premises of plaintiff described in the complaint.
The answer denied most of the material allegations of the complaint; admitted plaintiff’s ownership of the land…
2Cases cited6 opinions
- Richardson v. McNultyCalifornia Supreme Court · 1864
- Willson v. CleavelandCalifornia Supreme Court · 1866
- Judson v. MalloyCalifornia Supreme Court · 1870
- Moon v. RollinsCalifornia Supreme Court · 1868
- Bell v. Bed Rock Tunnel & Mining Co.California Supreme Court · 1868
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3Cited by37 opinions
- People v. ShirokowCalifornia Supreme Court · 1980
- Lindblom v. Round Valley Water Co.California Supreme Court · 1918
- Tamalpais Land & Water Co. v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1946
- Fullerton v. State Water Resources Control BoardCalifornia Court of Appeal · 1979
- In Re Rights to Use of Waters of Silvies RiverOregon Supreme Court · 1924
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