Carns v. Idaho-Iowa Lateral & Reservoir Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to quiet title. Judgment for defendant.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to quiet title. Judgment for defendant. Where an easement in certain lands has been granted as a right of way for a reservoir for purposes of irrigation under the act of March 3, 1891, and the fee in said lands is later granted subject to the said right of way by government patent to homestead settlers thereon, the owner of the servient fee, in order to protect his right of reversion, may bring a suit in a state court to declare a forfeiture of such right of way, and the…
1Opinion
ON REHEARING.
LEE, J.
A rehearing was granted herein October 31st, and the case was reargued November 28th following. The original opinion will be found in Carns v. Idaho-Iowa Lateral & Reservoir Co., ante, p. 330, 202 Pac. 1071. Hurst v. Idaho-Iowa Lateral & Reservoir Co., post, p. 342, 202 Pac. 1068, involves the same questions as to title, and from that case it appears that the appellant here, some time subsequent to having brought this action, conveyed her title to that part of the premises which had been patented to her to the plaintiff in that action, so that the question of the title…
2Cases cited12 opinions
- Johnson v. HurstIdaho Supreme Court · 1904
- Pettengill v. BlackmanIdaho Supreme Court · 1917
- United States v. Northern Pacific RailroadSupreme Court of the United States · 1900
- United States v. Northern Pac. R.Court of Appeals for the Eighth Circuit · 1899
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
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