Culbertson Irrigating & Water Power Co. v. Olander

The defendant in error, Frank Olander, as plaintiff, in the district court of Hitchcock county recovered judgment against the Culbertson Irrigating & Water Power Company on account of the unauthorized construction by the latter of an irrigating ditch upon his, plaintiff’s, land.

In this proceeding to review the judgment mentioned we will first notice the contention that the plaintiff below failed to show such a title to the land described as will authorize him to recover for the alleged trespass. It was charged in the petition that the plaintiff therein entered said premises as a homestead…