Mahoney v. Neiswanger

Citations

• 6 Idaho 750
• 59 P. 561
• 1899 Ida. LEXIS 70

Syllabus

<p>APPROPRIATION op Water — Prior Rights.' — The right of a prior appropriator of water cannot be defeated to any portion thereof, on the ground that he has by reason of a mistake as to the location of his boundary lines used a portion of such waters upon other land than his own.</p> <p>Same — Pirst in Time First in Right — Beneficial Use. — Under the facts in this ease, held, that the rights of plaintiff as prior locator have not been impaired by reason of his not having put the water appropriated by him to a beneficial use. The doctrine lof Hillman, v. HarckoicTc, 3 Idaho, 255, 28 Pac. 438, and Gona/nit •a. Jones, 3 Idaho, 606, 32 Pae. 250, affirmed.</p> <p>(Syllabus by the court.)</p>