Idaho Irrigation Co. v. Pew
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Carl A. Davis, Judge. Action to foreclose a Carey Act lieu for default in payment by defendants of deferred payments upon a water right, purchased by defendant Pew under contract from the plaintiff corporation. Demurrer to complaint overruled, and from the order overruling the demurrer defendant Cornell appeals.
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APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Carl A. Davis, Judge. Action to foreclose a Carey Act lieu for default in payment by defendants of deferred payments upon a water right, purchased by defendant Pew under contract from the plaintiff corporation. Demurrer to complaint overruled, and from the order overruling the demurrer defendant Cornell appeals. The reclamation project need not be completed before the construction company is entitled to foreclose its lien on a particular tract. (Childs v. Neitzel, ante, p. 116, 141 Pac. 77.) Under the…
1Opinion of the CourtAilshie, C. J.
The complaint in this case is almost identical with the one in Idaho Irr. Co. v. Dill, recently decided by this court (25 Ida. 711, 139 Pac. 714), and the action is of the same nature. In that case the question presented was whether the lower court erred in sustaining a demurrer to the complaint upon the ground that the United States was a necessary party to the action, and upon that question this court reversed the court below.
By stipulation of counsel it was agreed that the contract which the plaintiff corporation made with the defendant in *274this case was the same as in the Dill ease, the…
2Cases cited2 opinions
- Childs v. NeitzelIdaho Supreme Court · 1914
- Idaho Irrigation Co. v. DillIdaho Supreme Court · 1914
3Cited by7 opinions
- North Side Canal Co. v. Idaho Farms Co.Idaho Supreme Court · 1939
- Idaho Irrigation Co. v. County of LincolnIdaho Supreme Court · 1915
- Twin Falls Salmon River Land & Water Co. v. DavisCourt of Appeals for the Ninth Circuit · 1920
- Twin Falls Land & Water Co. v. Twin Falls Canal Co.District Court, D. Idaho · 1933
- Columbia Trust Co. v. EikelbergerIdaho Supreme Court · 1925
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