Legal Opinion

Nesalhous v. Walker

Washington Supreme Court

Decided March 9, 1907No. 6488PublishedCited by 22 opinions

Appeal from a judgment of the superior court for Kittitas county, Bigg, J., entered March 19, 1906, upon findings in favor of the defendant and intervener, after a trial on the merits before the court without a jury, in an action to determine the rights of riparian owners to waters of a stream.

1Opinion of the Court

Rudkin, J.-

The plaintiff, Nesalhous, is the owner of 160 acres of land in the Kittitas valley. He filed his pre-emption declaratory statement April 1, 1871, made final proof September 16, 1873, and patent issued July 1, 1874. The intervener, Caroline B. Walker, is the owner of 160 acres adjoining the lands of the plaintiff and lying immediately to the south thereof. The Caroline B. Walker lands were entered by John Goller, June 11, 1870, and final proof was made September 21, 1870. The intervener has succeeded to the title and all the rights of Goller by mesne conveyances. The defendant,…

2Cases cited6 opinions

  1. Benton v. JohncoxWashington Supreme Court · 1897
  2. Jones v. ConnOregon Supreme Court · 1901
  3. Albert v. SalemOregon Supreme Court · 1901
  4. Harris v. HarrisonCalifornia Supreme Court · 1892
  5. Smith v. CorbitCalifornia Supreme Court · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. In Re Stranger CreekWashington Supreme Court · 1970
  2. Brown v. ChaseWashington Supreme Court · 1923
  3. Bernot v. MorrisonWashington Supreme Court · 1914
  4. Spokane Valley Land & Water Co. v. Arthur D. Jones & Co.Washington Supreme Court · 1909
  5. Hunter Land Co. v. LaugenourWashington Supreme Court · 1926

17 more not listed; retrieve them via the Exa API.

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