Willow Creek Irrigation Co. v. Michaelson
Utah Supreme Court
Appeal from the Seventh District Court, San Pete County, Hon. Jacob Johnson, Judge. Action to restrain defendant from interfering with the waters of a certain spring, and to quiet title to the use of the water in the plaintiff. From a judgment for defendant, plaintiff appealed.
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Appeal from the Seventh District Court, San Pete County, Hon. Jacob Johnson, Judge. Action to restrain defendant from interfering with the waters of a certain spring, and to quiet title to the use of the water in the plaintiff. From a judgment for defendant, plaintiff appealed. The statute, Sec. -2780, C. L. U. 1888, was held to be valid by this court in the case of Stowell v. Johnson, 7 Utah, 227. The trial court decided this case upon the theory that the waters in question arose on defendant’s land, after she had acquired title thereto, and' for that reason the said waters were appurtenant…
1Opinion of the CourtBartoh, C. J.
This action was brought to restrain the defendant from interfering with the water of a certain spring, and to quiet title to the use of the water in the plaintiffs.
It appears from the findings of fact, which are not disputed, that the plaintiff company is a corporation duly organized and existing under the laws of Utah, and its business is to control and distribute to its stockholders, for the purposes of irrigation, the water of Willow Creek and *252its tributaries, in the county of San. Pete, State of Utah. The stockholders are owners of land which is being irrigated from that stream, and the…
2Cases cited11 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Hanson v. McCueCalifornia Supreme Court · 1871
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
- Wrathall v. JohnsonUtah Supreme Court · 1935
- Deseret Live Stock Co. v. HooppianiaUtah Supreme Court · 1925
- Herriman Irrigation Co. v. KeelUtah Supreme Court · 1902
- Riordan v. WestwoodUtah Supreme Court · 1949
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