Hagerman Irrigation Co. v. McMurry
New Mexico Supreme Court
Appeal from the District Court for Chaves County, before. William H. Pope, Chief Justice. An injunction will not issue to take property out of the possession of one party and put it in the possession of another.
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Appeal from the District Court for Chaves County, before. William H. Pope, Chief Justice. An injunction will not issue to take property out of the possession of one party and put it in the possession of another. High on Injunction 1008; 16 A. & E. Enc. 345; Munyos et al v. Fillmore et al; 76 S. W. 857; 1 Beach on Injunctions, sec. 80; 8 Beach on Injunctions, sec. 998; High on Injunctions,, 8 ed., secs. 698, 701, 728; 27 American Dig., secs.- 82-85; Criswell v. Beakley, 67 S. W. 907; Powell v. Canadejf, 69 S. W. 686; Gildersleeve v. Overstolz, 71 S. W. 371; Perkins v. Macon, 79 S. W. 987; 2…
1Opinion of the Court
OPINION OP THE COURT.
ABBOTT, J.
1 2 The findings of the trial court that, under the appropriation of water through which the defendant claims, there was not put to beneficial use for the first twenty years more than enough to irrigate one hundred acres, that there was water enough in the Rio Hondo, from springs between, the two dams!, to irrigate that amount of land, and, that in 1888 all the water of the Rio Hondo was appropriated by the predecessors in title of the plaintiff, at the point where the dam is, so far as that is a question of fact, are based on substantial evidence, and will not…
2Cases cited9 opinions
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
- Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
- Atchison v. PetersonSupreme Court of the United States · 1874
- Coffin v. Left Hand Ditch Co.Supreme Court of Colorado · 1882
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
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3Cited by34 opinions
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- Sanchez v. ClaytonNew Mexico Supreme Court · 1994
- Sanchez v. ClaytonNew Mexico Supreme Court · 1994
- State Ex Rel. Martinez v. City of Las VegasNew Mexico Supreme Court · 2004
- State Ex Rel. State Game Commission v. Red River Valley Co.New Mexico Supreme Court · 1945
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