Fruitland Irrigation Co. v. Thayer

Citations

• 93 Wash. 338
• 160 P. 1048

Syllabus

<p>Waters and Water Courses- — -Irrigation—Contracts — Reservation op Lien — Foreclosure. A contract by an irrigation company to furnish water may, irrespective of statutory authorization, create a lien in the nature of a mortgage upon the water right granted to secure all sums that may be due under the contract; and, upon any default, the same is enforcible in an action in equity to foreclose the mortgage or discharge the lien by sale of the land and water right.</p> <p>Same — Irrigation—Contract—Actions—Enforcement of Lien- — - Tender of Deed. In such an action, it is unnecessary that the company tender a water deed before action, where it is alleged that it would be vain, the grantee was in default, and the foreclosure decree and sale protected the grantees, allowing them a year for redemption.</p>