Chicago, Burlington & Quincy Railroad v. McPhillamey
Wyoming Supreme Court
Error to the District Court, Sheridan County; Hon. Carroll H. Parmelee, Judge. The material facts are stated in the opinion. It is incompetent to prove legal title to land by parol evidence. (Bexer Co. v. Terell, (Tex.) 14 S. W. 62; Benjamin v. Shea, 83 la. 392; Eavery v. Brooke, 37 Ill.
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Error to the District Court, Sheridan County; Hon. Carroll H. Parmelee, Judge. The material facts are stated in the opinion. It is incompetent to prove legal title to land by parol evidence. (Bexer Co. v. Terell, (Tex.) 14 S. W. 62; Benjamin v. Shea, 83 la. 392; Eavery v. Brooke, 37 Ill. App. 51; Kirkpatrick v. Clark, 132 Ill. 342; Moe v. Ches-rown, 54 Minn. 118; Carter v. Pitcher, 87 Hun, 580; Cox v. Ward, 107 S. C. 511; Holler v. Richard, 102 S. C. 545; Miller v. R. R. Co., 71 N. Y. 385.) The question was in issue whether the plaintiff had a water right. Parol evidence was not competent to…
1Opinion of the Court
Scott, Justice.
The defendant in error brought this action in the court below against the plaintiff in error to recover damages alleged to have been caused by the destruction or interference with his irrigating ditch after the cropping season of 1907, by the plaintiff in error so that for inability to irrigate his land he lost his crop in 1908. The case was tried to a jury which returned a verdict in favor of McPhillamey and judgment was rendered thereon. The company brings the case here on error.
McPhillamey alleged ownership in the company of a right of way for its railroad over the southern…
2Cases cited20 opinions
- Broder v. Water Co.Supreme Court of the United States · 1879
- Barnes v. SabronNevada Supreme Court · 1875
- People v. OlsenCalifornia Supreme Court · 1889
- Jones v. AdamsNevada Supreme Court · 1885
- Vansickle v. HainesNevada Supreme Court · 1872
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wyoming Hereford Ranch v. Hammond Packing Co.Wyoming Supreme Court · 1925
- White v. Wheatland Irrigation DistrictWyoming Supreme Court · 1966
- Bucknum v. JohnsonWyoming Supreme Court · 1912
- Harmony Ditch Co. v. SweeneyWyoming Supreme Court · 1924
- Gila Water Co. v. GreenArizona Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.