Lamping v. Diehl

MR. CHIEF JUSTICE ADAIR:

This is an appeal from a judgment for the plaintiff, Fred A. Lamping, involving the right to the use of 134 inches of the waters of Prickly Pear Creek claimed by virtue of an appropriation thereof made by plaintiff’s predecessor in interest, one John B. Wilson, on June 15, 1867, and prior to the appropriation by the predecessor in interest of the defendant, George Diehl, of waters from McClellan Creek, a tributary of Prickly Pear Creek, entering the latter creek above the headgate of plaintiff’s ditch.

This action was commenced March 27, 1947, and thereafter on October…