Aguirre v. Hamlin

SMITH, Justice.

Appellant during 1945 acquired and is the owner of the south half, and respondent during 1953 acquired and is the owner of the north half, of the northeast quarter of the southwest quarter of section 12, township 4 north, of range 6 east of the Boise Meridian, in Elmore County, Idaho. Both parcels prior to 1938, were unenclosed sagebrush land.

During the year 1938, one Tobin, appellant’s predecessor in interest, cleared the land now owned by appellant and, in order to transmit water to it, constructed a lateral ditch approximately two feet deep and four feet wide, capable of…