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· 4/1/1913

Brand v. Lienkaemper

Citations

  • 72 Wash. 547
  • 130 P. 1147
  • 1913 Wash. LEXIS 1510

Syllabus

<p>Waters and Water Courses — Easements—Prescriptive Right— Common Use. An easement for the maintenance of a waste ditch, as an outlet for surplus water used in irrigation, wbieb passes by implication by a conveyance of the dominant estate, is established by prescription, where it appears that there has been continuous, uninterrupted use, along a uniform route, adverse to the owner, while he was able in law to assert and enforce his rights, the use being for irrigation; and it is immaterial that the use was common with others.</p> <p>Same — Continuous Use. Whether such a use was continuous depends upon whether it was used at such times as it was needed.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “A constitutional court cannot acquire jurisdiction by agreement or stipulation.”
  • \A constitutional court cannot acquire jurisdiction by agreement or stipulation.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Gose

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.