Bastian v. Nebeker
Utah Supreme Court
Appeal from District Court, Sixth District; Hon. F. C. Loofbourow, Judge. Action by Gearson S. Bastían against George W. Nebeker, and another. Judgment for plaintiff. Defendants appeal. STATEMENT OF FACTS.
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Appeal from District Court, Sixth District; Hon. F. C. Loofbourow, Judge. Action by Gearson S. Bastían against George W. Nebeker, and another. Judgment for plaintiff. Defendants appeal. STATEMENT OF FACTS. The facts in this case are about as follows: In the year 1870 George W. Nebeker, one of the defendants, located upon and acquired a “squatter’s right” to a piece of meadow land of about twenty acres, known as King’s Meadows, and situate in what is known as King’s Meadows canyon, in Sevier County, Utah. This canyon extends from the base of a range of hills or mountains contiguous to, and on…
1Opinion of the CourtMcCARTY, J.
(after stating tbe facts as above).
TJje first question presented by the appeal is, Did the court err in its findings of fact wherein it held that 84-J per cent, of the water flowing from the wells is developed water that did not, before the wells were constructed, come to the surface of the earth through the orifices and subterranean channels from which issues and flows the spring and seepage water of King's Meadows?
The court, in effect, found, and there is an abundance of evidence to support the finding, that the waters from the wells and the normal flow of the springs and seeps came from…
2Cases cited1 opinion
- Mountain Lake Mining Co. v. Midway Irr. Co.Utah Supreme Court · 1915
3Cited by13 opinions
- Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
- Wrathall v. JohnsonUtah Supreme Court · 1935
- Snake Creek Mining & Tunnel Co. v. Midway Irrigation Co.Supreme Court of the United States · 1923
- Sigurd City v. StateUtah Supreme Court · 1943
- Peterson v. WoodUtah Supreme Court · 1927
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