Miller v. Lake Irrigation Co.

Citations

• 27 Wash. 447
• 67 P. 996
• 1902 Wash. LEXIS 411

Syllabus

<p>APPROPRIATION OF WATER FOR IRRIGATION-ACTION TO QUIET TITLE-SUFFICIENCY OF COMPLAINT.</p> <p>In an action to quiet tbe title of contending claimants for tbe use of tbe waters of a stream, tbe complaint is sufficient as against an objection to tbe introduction of proof thereunder, when it alleges that plaintiffs are tbe. owners in fee simple and in possession of tbe first right to divert tbe waters of said stream for irrigation, stock and domestic' purposes.</p> <p>SAME-JOINT SUIT BY OWNERS OF LAND IN SEVERALTY.</p> <p>Owners of land in severalty, who have diverted the waters of a stream into a common ditch, under a joint act of appropriation, may maintain a joint action to quiet title thereto against other claimants.</p> <p>APPEAL-FINDINGS OF FACT-REMAND TO LOWER COURT FOR FINDINGS.</p> <p>Upon reversal of an equitable action involving priorities in the right of appropriation of waters, the supreme court' will not make findings of fact as tendered by plaintiffs, when no findings had been tendered by defendants and considered by the lower court, but will remand the case for findings by the lower court determining the priorities of the various claimants.</p>