Edgemont Imp. Co. v. N. S. Tubbs Sheep Co.
South Dakota Supreme Court
Appeal from' Circuit Court, Fall River County. Hon. Levi McGee, Judge. • - ' ' A'ctio-n-by the Edgemont Improvement Company against the N. S. Tubbs Sheep Company and others. From a judgment -for plaintiff and an order denying a new trial, defendants appeal.
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Appeal from' Circuit Court, Fall River County. Hon. Levi McGee, Judge. • - ' ' A'ctio-n-by the Edgemont Improvement Company against the N. S. Tubbs Sheep Company and others. From a judgment -for plaintiff and an order denying a new trial, defendants appeal. Under the statute an -appropriator of 'water for irrigation, is one who makes-an application of public water on-land he owns or posseses; to perfect an appropriation there must be ownership or possession of land and an application thereon of public water to a beneficial use. Gould v. Maricopa Canal Co., 76 Pac. 598; A. & Enc. Law, 2nd Ed.,…
1Opinion of the Court
HANEY, P. J.\
This is an action to determine.adverse claims to certain'■ real property, -and' ■ a water- right. Plaintiff- alleges, in substance, that it is the owner and en-titléd to the possession of - a certain dam, dam site, and reservoir site,- including - the ■ land ‘ covered thereby, a certain irrigation ditch known as the “Edgemont Canal,” a strip of -land 50 feet in width extending the length of such canal’-and a certain water right located and established by'one Frdncis■ C. Gfable, December 7; 1893; that defendants claim some right or interest in -said property adverse' to the'…
2Cases cited4 opinions
- McCormack v. PhillipsSupreme Court Of The Territory Of Dakota · 1887
- Dowdle v. CornueSouth Dakota Supreme Court · 1896
- Nordin v. BernerSouth Dakota Supreme Court · 1902
- Scott v. GageSouth Dakota Supreme Court · 1902
3Cited by10 opinions
- SCHULL CONSTRUCTION COMPANY v. KoenigSouth Dakota Supreme Court · 1963
- State v. DammSouth Dakota Supreme Court · 1933
- Smith v. ReidSouth Dakota Supreme Court · 1932
- Custer Co. Bd. of Ed. v. State Commission on Elementary & Secondary EducationSouth Dakota Supreme Court · 1972
- Nichols & Shepard Co. v. MarshallSouth Dakota Supreme Court · 1911
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