Tolliver v. Great Northern Ry. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Eastern IDivision of the Eastern District of Washington. In Equity. Suit by the Great Northern Railway Company against W. IT. Tolliver and Sophronia Tolliver, his wife. Decree for complainant, and defendants appeal.
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Appeal from the Circuit Court of the United States for the Eastern IDivision of the Eastern District of Washington. In Equity. Suit by the Great Northern Railway Company against W. IT. Tolliver and Sophronia Tolliver, his wife. Decree for complainant, and defendants appeal. This is a suit by appellee against appellants to enjoin the latter from claiming property in, or in any way interfering with, the former’s right to an appropriation and diversion of water through and sufficient !o fill a four-inch pipe or conduit leading from a certain spring, known as “Egbert Springs,” in Grant county,…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). In the view we take of the cause, there is but one question necessary to be determined, which is whether the defendants are, because of the-record, estopped to deny the plaintiff's title. We think they are. Section 4538a, Ballinger's Ann. Codes & Stat. of Washington, provides as follows:
“Whenever any person or persons having sold and conveyed by deed any lands in this state, and who, at the time of such conveyance, had no title to *797such land, and any person or persons who may hereafter sell and convey by deed any lands in this state, and who shall not at the…
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