Stenger v. Tharp
South Dakota Supreme Court
Appeal from circuit court, Custer county.' Hon. Joseph B. Moore, Judge. Action by'-Edward Stenger against Paul Tharp and others. From a judgment in favor of plaintiff, defendants appeal.
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Appeal from circuit court, Custer county.' Hon. Joseph B. Moore, Judge. Action by'-Edward Stenger against Paul Tharp and others. From a judgment in favor of plaintiff, defendants appeal. With respect to all controversies arising which involve claims to water which have vested since the act of July 26, 1866, whether those controversies arise* between those who claim the water of the“same stream by appropriation merely, or between those who claim the water by virtue of a patent to -the land over which or adjoining which the stream flows; or controversies arising between those who claim the…
1Opinion of the CourtCorson, J.
This is an action to enjoin the defendants from interfering with plaintiff’s water .right or diverting any of the water therefrom. Findings and judgment were in favor of the plaintiff, and the defendants appeal.
*18Plaintiff claims the right to practically all of the water in Battle creek by virtue of two certain appropriations of the same made by plaintiff’s grantors and predecessors in interest^ and a location made by himself, and which he insists were prior and superior to any rights to the waters of said creek acquired by the defendants. The defendants on the other hand, claim both as prior…
2Cases cited15 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Atchison v. PetersonSupreme Court of the United States · 1874
- Simmons v. WintersOregon Supreme Court · 1891
- Barnes v. SabronNevada Supreme Court · 1875
- Nichols v. McIntoshSupreme Court of Colorado · 1893
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3Cited by6 opinions
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- Cundy v. WeberSouth Dakota Supreme Court · 1941
- Platt v. City of Rapid CitySouth Dakota Supreme Court · 1940
- Redwater Land & Canal Co. v. ReedSouth Dakota Supreme Court · 1910
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