Legal Opinion · Dissent

Kersenbrock v. Boyes

Nebraska Supreme Court

Decided February 27, 1914No. 18,114Published

Appeal from the district court for Seward county: Edward E. Good, Judge.

1DissentHamer, J.

Appellant is the owner of the southeast quarter of section 32, township 9, range 3 east, in Seward county. He has owned the land, as it is claimed, for more than' 20 years. The west fork of the Blue river runs through it. It is claimed there is plenty of water in that stream for power purposes, as also for domestic use. The appellant undertook to make use of the water in the west fork for irrigation and poAver purposes. A certificate of appropriation seems to have been issued to Kersenbrock by the state board of irrigation May 20, 1907. Proof seems to have been submitted November 20, 1900,…

2Cases cited3 opinions

  1. Vance v. VanceSupreme Court of the United States · 1883
  2. Farmers Canal Co. v. FrankNebraska Supreme Court · 1904
  3. Whiffin v. HigginbothamNebraska Supreme Court · 1908

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