A Treatise On the Law of Riparian Rights As the Same is Formulated And Applied I
A Treatise On the Law of Riparian Rights As the Same is Formulated And Applied I
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2 Quirk V. Falk, 47 Cal. 453. Ortman v. Dixon, 13 Cal. 33. A ^McDonald v. Bear River, etc. , co-ownerof a water-right, acquired Co. , 13 Cal. 220. By appropriation, can convey his 4 Smith V. O'Hara, 43 Cal. 371; own interest, but cannot convey Lobdell V. Hall, 8 Nev. 507. [A so as to injuriously affect his co- water-right can be convej'ed by a tenant's right. Henderson v. Bill of sale not under seal. It cer- Nicholas, 67 Cal. 152, s. C. 7 Pac. Tainly passes the equitable title. Rep. 412. ] and ...that is sufficient, under our (89) § 59 NATURE AND EXTENT OF RIGHT. [Ch. 5, umler a mere verbal sale to himself, does not succeed to any rights of priority held by the vendor, so as to obtain the benefit of the vendor's prior appropriation; he must date his own ap- propriation, as against all other opposing claimants, from the time when he enters into possession.^ In a very recent decision by the supreme court of Nevada, this same rule was declared in the most general form: "Where, in a contest concerning prior- ity, a party claiming a right to water by appropriation fails to conned himself in interest with those who first appropriated and used the waters of a stream, his own appropriation of the water must be treated as the inception of his right;" or, in other words, his right of appropriation must be dated from the time when he himself began to use the waters; he cannot link his own use onto that of the former occupants, and thus claim to be a suc- cessor to their prior rights.
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To quickly assess the difficulty of the text, read a short excerpt:
2 Quirk V. Falk, 47 Cal. 453. Ortman v. Dixon, 13 Cal. 33. A ^McDonald v. Bear River, etc. , co-ownerof a water-right, acquired Co. , 13 Cal. 220. By appropriation, can convey his 4 Smith V. O'Hara, 43 Cal. 371; own interest, but cannot convey Lobdell V. Hall, 8 Nev. 507. [A so as to injuriously affect his co- water-right can be convej'ed by a tenant's right. Henderson v. Bill of sale not under seal. It cer- Nicholas, 67 Cal. 152, s. C. 7 Pac. Tainly passes the equitable title. Rep. 412. ] and ...that is sufficient, under our (89) § 59 NATURE AND EXTENT OF RIGHT. [Ch. 5, umler a mere verbal sale to himself, does not succeed to any rights of priority held by the vendor, so as to obtain the benefit of the vendor's prior appropriation; he must date his own ap- propriation, as against all other opposing claimants, from the time when he enters into possession.^ In a very recent decision by the supreme court of Nevada, this same rule was declared in the most general form: "Where, in a contest concerning prior- ity, a party claiming a right to water by appropriation fails to conned himself in interest with those who first appropriated and used the waters of a stream, his own appropriation of the water must be treated as the inception of his right;" or, in other words, his right of appropriation must be dated from the time when he himself began to use the waters; he cannot link his own use onto that of the former occupants, and thus claim to be a suc- cessor to their prior rights.
What to read after A Treatise On the Law of Riparian Rights As the Same is Formulated And Applied I?
You can find similar books in the "Read Also" column, or choose other free books by John Norton Pomeroy to read onlineMoreLess
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