Hayes v. Flesher
Idaho Supreme Court
APPEAL from tbe District Court of the Seventh Judicial District, for Gem County. Hon. Ed. L. Bryan, Judge. Action to enjoin interference with irrigation water. Judgment for defendants.
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APPEAL from tbe District Court of the Seventh Judicial District, for Gem County. Hon. Ed. L. Bryan, Judge. Action to enjoin interference with irrigation water. Judgment for defendants. Where a party to an action, either plaintiff or defendant, sets out and pleads an instrument, he is not entitled to produce oral evidence that there was a mutual mistake in its execution unless he seeks to reform or rescind that instrument, and lays by proper allegations the foundation for such reformation or rescission. (Van Horn v. Van Horn, 49 N. J. Eq. 327, 23 Atl. 1079; Van Syckel v. Dalrymple, 32 N. J.…
1Opinion of the Court
RICE, C. J. —
This action was brought by appellant to enjoin respondents from using irrigation water and interfering with irrigation ditches situate upon lands belonging to the wife of appellant and controlled by him. The irrigation water is represented by shares of capital stock of the Last Chance Ditch Company, a corporation, the certificates of stock being held by appellant as his separate property. On March 17, 1917, appellant and his wife, by warranty deed, conveyed to Sarah C. Flesher, one of the respondents, about an acre of land out of said tract, the deed containing *16no mention of…
2Cases cited13 opinions
- Bullerdick v. HermsmeyerMontana Supreme Court · 1905
- Walsh v. WallaceNevada Supreme Court · 1902
- Kelly v. PerraultIdaho Supreme Court · 1897
- Fayter v. NorthUtah Supreme Court · 1906
- Hays v. BuzardMontana Supreme Court · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Village of Peck v. DenisonIdaho Supreme Court · 1969
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Fritcher v. KelleyIdaho Supreme Court · 1921
- United States of America, Plaintiff-Counterdefendant-Appellee v. Helen Pappas, Defendant-Counterclaimant-AppellantCourt of Appeals for the Ninth Circuit · 1987
- Fenton v. King Hill Irr. Dist.Idaho Supreme Court · 1947
6 more not listed; retrieve them via the Exa API.