Lost Creek Irrigation Co. v. Rex

LEWIS, District Judge.

TMs case involves the ownership of the waters of Lost creek, Sevier county, Utah. At the close of the testimony the trial court said: “G-entlemen, I would like counsel to point out some fact or facts that have been established here by the evidence, or that the evidence tends to establish, that will enable the court to determine what the respective rights of the parties to this action are to that creek. I have paid very close attention, but I am unable to call to mind a scintilla of testimony that tends to show the amount of water that is there, how much Rex has been…