Legal Opinion

Stowell v. Tucker

Idaho Supreme Court

Decided November 21, 1900PublishedCited by 11 opinions

APPEAL from District Court, Blaine County. Our court has decided that in order to establish adverse possession, the party claiming must prove payment. (Brose v. Boise City By. etc. Co., 5 Idaho, 694, 51 Pac. 753.) The right to-water, in this state, is acquired by location; the water right and ditch conveying it are real property under our statute. (Eev. Stats., sec. 3825; Ada Co. Farm. Irr.

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APPEAL from District Court, Blaine County. Our court has decided that in order to establish adverse possession, the party claiming must prove payment. (Brose v. Boise City By. etc. Co., 5 Idaho, 694, 51 Pac. 753.) The right to-water, in this state, is acquired by location; the water right and ditch conveying it are real property under our statute. (Eev. Stats., sec. 3825; Ada Co. Farm. Irr. Co. v. Farmers’ Canal Co., 5 Idaho, 793, 51 Pac. 990.) The right to the use-of water carries with it no specific property in the water itself. {Kidd v. Ladd, 15 Cal. 161, 76 Am. Dec. 473.) The judgment of…

1Opinion of the CourtQuarles, J.

This action was brought by the appellants to obtain an injunction against the defendants, restraining said defendants “from preventing plaintiffs [appellants! from putting in a proper box or boxes for the measurement of fifty inches of water,” and to restrain defendants from interfering with the flow of water through that certain ditch of plaintiffs described in plaintiffs’ complaint. The following facts appear in the record: One Wolters, who formerly owned the land of the defendant Nancy M. Tucker, entered into an oral agreement with the predecessor in interest of appellants, the Idaho and…

2Cited by11 opinions

  1. Anselmo v. BeardmoreIdaho Supreme Court · 1950
  2. Aker v. AkerIdaho Supreme Court · 1933
  3. Civils v. First National BankIdaho Supreme Court · 1925
  4. McReynolds v. HarrigfeldIdaho Supreme Court · 1914
  5. Deeds v. StephensIdaho Supreme Court · 1902

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