Wagoner v. Jeffery

This suit is prosecuted by plaintiff and respondent Wagoner to quiet his alleged title to an easement or right to use a small strip of ground about 115 feet in width and 181 feet in length for what is called a “spur ditch” through which to conduct water from certain wells, drilled thereon, for irrigation purposes, and for injunctive relief. It appears from the record and the trial court found:

That respondent is the owner of a tract of 160 acres of arid land located in Jefferson County, Idaho; that in the summer of 1927 he went onto a forty acre tract of land located in that county, then a…