Hillman v. Hardwick
Idaho Supreme Court
APPEAL from District Court, Bingham County. Priority in time of appropriation secures priority of right; or first in time is first in right. (11th Sess. Laws 1881, p. 267 ; Rev. Stats. 1887, sec. 3159.) A transfer of possession of land to purchaser transfers equitable title to the land; and the water right accustomed to be used with and for the benefit of the land passes as appurtenant to the land.
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APPEAL from District Court, Bingham County. Priority in time of appropriation secures priority of right; or first in time is first in right. (11th Sess. Laws 1881, p. 267 ; Rev. Stats. 1887, sec. 3159.) A transfer of possession of land to purchaser transfers equitable title to the land; and the water right accustomed to be used with and for the benefit of the land passes as appurtenant to the land. (Gave v. Grafts, 53 Cal. 138; Farmer v. Water Go., 56 Cal. 11; Tucker v. Jones, 8 Mont. 335, 19 Pae. 571; Geddis v. Parrish, 1 Wash. Ter. 587, 31 Pae. 314.) The capacity of a ditch is to be…
1Opinion of the CourtHuston, J.
This is an appeal by the plaintiff from a judgment and decree of the district court for Bingham county, in an action by the plaintiff to establish his right to the waters of Gooseberry creek and its tributaries, and to restrain the defendants from interfering therewith. The case was heard upon pleadings and proofs before the court without a jury, and is brought here upon a statement of the case, containing all the evidence, the findings of the court and the decree and judgment. The plaintiff, and those under whom he claims, settled upon certain lands lying upon and along Gooseberry creek, in…
Also in this document: Concurrence.
2Cited by9 opinions
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- McGinness v. StanfieldIdaho Supreme Court · 1898
- Nordick v. SorensenIdaho Supreme Court · 1959
- Uhrig v. CoffinIdaho Supreme Court · 1952
- Mahoney v. NeiswangerIdaho Supreme Court · 1899
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