Hurst v. Idaho-Iowa Lateral & Reservoir Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoch, Judge. Action to obtain declaration of forfeiture. Judgment for defendant.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoch, Judge. Action to obtain declaration of forfeiture. Judgment for defendant. Upon a breach of the express or implied conditions of the grant the estate granted does not terminate ipso facto, but there must be a declaration of forfeiture, either by act of Congress or in judicial proceedings instituted by the United States under authority of Congress in order to terminate the estate granted, and this rule applies equally to right of way grants under the Irrigation Act of 1891, to the railroad…
1Opinion of the CourtRice, C. J.
This is in some respects a companion case to that of Carns v. Idaho-Iowa Lateral & Reservoir Co., ante, p. 330, 202 Pac. 1071. In this case the respondents alleged that they were the owners of certain lands in Ada county; that the appellant claims an easement in the said lands for its canal and reservoir by reason of compliance with the provisions of the act of Congress of March 3, 1891, 26 Stats, at L. 1101-1102; that the reservoir of appellant was built and constructed in the year 1904; that the irrigation project of which it is a part has never been completed as provided in said act; that…
2Cases cited18 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Railroad Co. v. BaldwinSupreme Court of the United States · 1881
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
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3Cited by9 opinions
- Coulsen v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1929
- Hurst v. Idaho Iowa Lateral & Reservoir Co.Idaho Supreme Court · 1926
- E.E. Eggebrecht, Inc. v. WatersMontana Supreme Court · 1985
- Wiltbank v. Lyman Water CompanyCourt of Appeals of Arizona · 1971
- Carns v. Idaho-Iowa Lateral & Reservoir Co.Idaho Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.