Legal Opinion

Sander v. Wilson

Washington Supreme Court

Decided April 12, 1904No. 4895PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Kittitas county, Rudkin, J., entered March 30, 1903, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, determining the rights of riparian owners to waters for purposes of irrigation.

1Opinion of the Court

Dunbar,, J.

This is an action brought in the superior court of Kittitas county, involving the right to the use of the waters of Wilson creek and Dry creek. The plaintiffs and intervenor (who claims through the plaintiffs) claim *661the first right to the use of the waters of Wilson creek, hy virtue of appropriation through riparian rights. The plaintiff Carl A. Sander settled upon the land, through which the waters of Wilson creek flow, in April, 1871, with the intention of obtaining title thereto, pursuant to the preemption laws of the United States, and thereafter on the 1st day of September,…

2Cases cited3 opinions

  1. Benton v. JohncoxWashington Supreme Court · 1897
  2. Ralph v. LomerWashington Supreme Court · 1891
  3. Hannegan v. RothWashington Supreme Court · 1896

3Cited by8 opinions

  1. State ex rel. Ham, Yearsley & Ryrie v. Superior CourtWashington Supreme Court · 1912
  2. State v. McBeeWashington Supreme Court · 1923
  3. Sander v. BullWashington Supreme Court · 1913
  4. Still v. Palouse Irrigation & Power Co.Washington Supreme Court · 1911
  5. Haberman v. SanderWashington Supreme Court · 1932

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