Big Cottonwood Tanner Ditch Co. v. Moyle

I concur in the order made, but I reach my conclusions by a less circuitous route. I think some of the bases upon which the prevailing opinion rests are rather unstable. I do not subscribe to the reasoning of the prevailing opinion as to the legal fiction which it assumes as a basis for its conclusions. The fiction set up by the old English common law of a lost grant as a ground for prescriptive rights, being without basis in fact and without necessity in law, should be utterly disregarded. It is as unreal and unsubstantial as the “will-o-the wisp”, — an ignis fatuus. It is merely a legal…