Thompson v. McKinney

FOLLAND, Justice.

Plaintiffs brought suit to quiet title to certain ranch lands and water rights claimed to be appurtenant thereto. No question arises as to plaintiffs’ ownership of the land. That is conceded. The dispute has to do with the water rights. The ultimate question is whether on mortgage of the land certain water rights owned by the mortgagor passed by the mortgage and foreclosure thereof when there was no express mention of water or water rights either by way of conveyance or reservation.

John L. McKinney and Rhoda J. McKinney, his wife, gave a mortgage dated July 31, 1920, to…