Village of Hailey v. Riley
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County, Idaho. Hon. Lyttleton Price., Judge. An action to quiet title to an interest in a ditch, and the water carried through said ditch. Judgment for plaintiff. Dedication should not be presumed without evidence of an unequivocal intention to dedicate. (Angelí on Highways, sec. 147; 9 Am. & Eng. Ency. of Law, 36; Tiedeman on Mun. Corp., see. 219; 2 Abbott on Mun.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County, Idaho. Hon. Lyttleton Price., Judge. An action to quiet title to an interest in a ditch, and the water carried through said ditch. Judgment for plaintiff. Dedication should not be presumed without evidence of an unequivocal intention to dedicate. (Angelí on Highways, sec. 147; 9 Am. & Eng. Ency. of Law, 36; Tiedeman on Mun. Corp., see. 219; 2 Abbott on Mun. Corp., sec. 728.)- There is no. presumption in favor of dedication. (Warden v. Blakeley,. 32 Wis. 690; Quinn v. Anderson, 70 Cal. 454, 11 Pac. 746; Tate v.…
1Opinion of the CourtStewart, J.
This is an appeal from the judgment. The record presented to this court consists of the judgment-roll and a statement of the case settled and allowed by the trial court.
The plaintiff alleges in the complaint that it is the owner and in possession of a public easement of an undivided one-ninth interest in a certain ditch, and has the right to convey in said ditch known as the Big Ditch, taking water from Wood river, in Blaine county, Idaho, 700 inches of water through said ditch and laterals; that it is the owner and in the possession of all ditches and laterals for the purpose of conveying…
2Cases cited6 opinions
- Hard v. Boise City Irrigation & Land Co.Idaho Supreme Court · 1904
- City & County of San Francisco v. GroteCalifornia Supreme Court · 1898
- Johnston v. Little Horse Creek Irrigating Co.Wyoming Supreme Court · 1904
- Cooper v. Monterey CountyCalifornia Supreme Court · 1894
- Later v. HaywoodIdaho Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Ex Rel. Haman v. FoxIdaho Supreme Court · 1979
- Simmons v. PerkinsIdaho Supreme Court · 1941
- Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
- Andrews v. North Side Canal Co.Idaho Supreme Court · 1932
- Bennett v. Twin Falls North Side Land & Water Co.Idaho Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.