Short v. Praisewater
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Benewah County. • Hon. John M. Flynn, Judge. Action for specific performance of an agreement to convey. From judgment for defendants, plaintiff appeals.
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APPEAL from the District Court of the Eighth Judicial District, for Benewah County. • Hon. John M. Flynn, Judge. Action for specific performance of an agreement to convey. From judgment for defendants, plaintiff appeals. Upon reading the several acts of Congress it must be found to be the intention of the legislature to be most lib•eral in extending to all persons the right to nse water on public lands, and to secure to them this right as against the settler when the use is for a beneficial purpose, and the act, sec. 2288, Rev. Stats., in effect declares it was not the intention of Congress…
1Opinion of the CourtLee, J.
This action was commenced to enforce specific performance of an agreement to convey a perpetual right to the use of the waters of a spring on respondents’ premises, with a right to use fifty feet square upon which said spring is situated, and an eight-foot right of way over respondents’ land extending from said spring to the lands of appellant, along the pipe-line laid by appellant to carry said water, with a right of ingress and egress over respondents’ lands, and the use of said lands for the purpose of repairing and improving the facilities for the use of - said water,-and an injunction…
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