Le Quime v. Chambers
Idaho Supreme Court
APPEAL from tbe District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action by plaintiffs to quiet their title to a certain water right, appropriation and easement, and to enjoin and restrain defendant from disturbing or interfering therewith. Application for injunction pendente lite denied, and plaintiffs appealed.
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APPEAL from tbe District Court of the Second Judicial District, for the County of Nez Perce. Hon. Edgar C. Steele, Judge. Action by plaintiffs to quiet their title to a certain water right, appropriation and easement, and to enjoin and restrain defendant from disturbing or interfering therewith. Application for injunction pendente lite denied, and plaintiffs appealed. This land must have reverted to the government of -the United States, and become again a part of the public domain, from the Irwin entry, before the defendant could have entered it; and whether the appropriation of water by the…
1Opinion of the CourtAilshie, C. J.
This is an appeal from an order denying the plaintiffs an injunction pendente lite. There seems to-be practically no dispute between the parties as to the facts, in the case. The only question to be determined is one of law. On June 22, 1905, one Wm. D. Irwin made homestead entry at the Lewiston Land Office for the NW. % of the SW. % of Sec. 21, and the NE. % of the SE. % and the E. % of the-NE. % of Sec. 20, Tp. 36 N., R. 5 W., B. M. Nez Perce county. On about November 15, 1905, plaintiffs herein, with the consent of Irwin, began working on and developing the waters of a spring situated on…
2Cases cited7 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- Sullivan v. Northern Spy Mining Co.Utah Supreme Court · 1895
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- Maffet v. QuineU.S. Circuit Court for the District of Oregon · 1899
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- United States v. HagaDistrict Court, D. Idaho · 1921
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