Sullivan v. Northern Spy Mining Co.
Utah Supreme Court
Appeal from the District Court of the Third Judicial' District. Hon. George W. Bartch, Judge. Action by M. C. Sullivan and others against the Northern Spy Mining Company. From a judgment for defendant, plaintiffs appeal. It was clearly error to |tdmit in evidence the deed from Henry Barney to the Northern Spy Mining Company, dated July 12, 1890, for there was no testimony tending-to show that Barney had any claim to any land embraced in the deed.
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Appeal from the District Court of the Third Judicial' District. Hon. George W. Bartch, Judge. Action by M. C. Sullivan and others against the Northern Spy Mining Company. From a judgment for defendant, plaintiffs appeal. It was clearly error to |tdmit in evidence the deed from Henry Barney to the Northern Spy Mining Company, dated July 12, 1890, for there was no testimony tending-to show that Barney had any claim to any land embraced in the deed. Barney only had a license to use the water in consideration of his making some repairs on the well. A licensee has the right to do any act which is…
1Opinion of the Court
SMITH, J.:
The main question in this case, and the only one, in iact, which we deem it necessary to consider, is, can the •discoverer of a flow of percolating waters on the public lands, by digging wells and improving the same and constantly using the water for a beneficial purpose, acquire a right to take water from such wells as against an owner ■of the land on which the well is located, where the owner ■of the land acquired title by a location made subsequent to the digging of the wells? Many other questions are raised on this appeal, but their materiality all depends on the answer to the…
2Cases cited2 opinions
- Hanson v. McCueCalifornia Supreme Court · 1871
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
3Cited by34 opinions
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
- Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
- Wrathall v. JohnsonUtah Supreme Court · 1935
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