Carns v. Idaho-Iowa Lateral & Reservoir Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to quiet title. Judgment for defendant.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to quiet title. Judgment for defendant. Where an easement in certain lands has been granted as a right of way for a reservoir for purposes of irrigation under the act of March 3, 1891, and the fee in said lands is later granted subject to the said right of way by government patent to homestead settlers thereon, the owner of the servient fee, in order to protect his right of reversion, may bring a suit in a state court to declare a forfeiture of such right of way, and the…
1Opinion of the Court
RICE, C. J,
In her complaint appellant alleged that she was the owner of a certain tract of land situated in Ada county; that the respondent had partially constructed a dam and reservoir on her land and impounded water therein ; that the water so impounded overflows her land; that respondent claims an easement in her land for reservoir purposes, but the same is unlawful and wholly without right. Respondent in its answer admitted that it had constructed a reservoir and overflowed the land of appellant with the water impounded therein. By way of defense respondent alleged that while the land in…
2Cases cited3 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- United States v. WhitneyU.S. Circuit Court for the District of Idaho · 1910
- Union Land & Stock Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1919
3Cited by12 opinions
- Horse Creek Conservation District v. Lincoln Land Co.Wyoming Supreme Court · 1939
- CITY & COUNTY OF DENVER, ETC. v. BerglandDistrict Court, D. Colorado · 1981
- Hurst v. Idaho Iowa Lateral & Reservoir Co.Idaho Supreme Court · 1926
- Wagoner v. JefferyIdaho Supreme Court · 1945
- Barker v. McKellarIdaho Supreme Court · 1930
7 more not listed; retrieve them via the Exa API.