Legal Opinion

Bree v. Wheeler

California Court of Appeal

Decided July 16, 1906No. Civ. No. 215PublishedCited by 7 opinions

The facts are stated in the opinion of the court in the present case, and upon the former appeal (129 Cal. 146).

1Opinion of the CourtMcLAUGHLIN, J.

This is the second appeal in this case—Bree v. Wheeler, 129 Cal. 146, [61 Pac. 782]. Upon the second trial, had on amended pleadings, the facts found show that up to 1885, plaintiff was the owner of all the water in dispute and that defendant did not acquire title thereto by adverse possession, or otherwise, unless an agreement, affirmatively pleaded in the amended answer and found by the court, operated to give him the right to one-half of the water.

Plaintiff, who is appellant here, contends that, upon the findings the court should have adjudged him the owner of all of said water instead of…

2Cases cited14 opinions

  1. Bates v. BabcockCalifornia Supreme Court · 1892
  2. Banta v. SillerCalifornia Supreme Court · 1898
  3. Miles v. WoodwardCalifornia Supreme Court · 1896
  4. Flickinger v. ShawCalifornia Supreme Court · 1890
  5. Helm v. WilsonCalifornia Supreme Court · 1888

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3Cited by7 opinions

  1. The Texas Co. v. BurkettTexas Supreme Court · 1927
  2. Lamb v. HerndonCalifornia Court of Appeal · 1929
  3. United States v. Ahtanum Irrigation District, a CorporationCourt of Appeals for the Ninth Circuit · 1964
  4. American Motorists Insurance v. CowanCalifornia Court of Appeal · 1982
  5. Armstrong v. PayneCalifornia Supreme Court · 1922

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