Francis v. Green

Citations

• 7 Idaho 668
• 65 P. 362
• 1901 Ida. LEXIS 25

Syllabus

<p>Water Eights — Enforcement of Contract — Equity—Part Performance — Possession and Eights of Settlers — Public Domain. — A verbal contract to convey the right to use water for irrigation and domestic purposes, where there has been a part performance of the contract of sale, and the possession and use of such water has been changed, will be enforced in a suit in equity. Settlers upon Indian reservations are subject to the same law governing the possession and right to the possession of property as settlers upon the public domain, where it appears that they occupy lands as homes within such reservation by sufferance only.</p> <p>(Syllabus by the court.)</p>