Green Ditch Water Co. v. Salt Lake City

HENRIOD, Chief Justice, and CALLIS-TER, Justice:

Appeal from a judgment dismissing plaintiff’s complaint. Affirmed, with no costs awarded.

Plaintiff was and is a mutual water company, incorporated in 1915 to distribute its decreed water under the so-called Morse Decree1 to its shareholders. In 1916 the Secretary of State forfeited plaintiff’s charter for nonpayment of franchise taxes. In 1920, most of the shareholders, as owners of the beneficial, use 2 of the decreed Green Ditch Water Company’s rights, themselves made an “Offer of Exchange of Water Rights” to defendant City. This ripened into…