Shenandoah Mining & Milling Co. v. Morgan

Citations

• 106 Cal. 409
• 39 P. 802
• 1895 Cal. LEXIS 621

Syllabus

<p>Water Rights—Appropriation op Springs—Pleading—General Demurrer.—In an action to enjoin an interference with an alleged right of plaintiff to take water from certain springs for the use of its mine and mill, a complaint alleging that for the purpose of securing a water supply for its mill plaintiff took possession of certain springs by entering upon the land and constructing the necessary ditches, reservoirs, and pipe lines, and thereby conducted the water to the mill, and had adverse possession of the water and springs for a period of more than five years, although not containing the word “appropriated” or “appropriation,” sufficiently alleges an appropriation of the water as against a general demurrer.</p> <p>Id.—Springs on Lieu Land oe State— Certificate oe Purchase—Right of Appropriation—Act of Congress of 1866.—Where the springs claimed by the plaintiff were situated upon land selected by the state in lieu of a school section, and a certificate of purchase had been issued to one of the defendants prior to the appropriation made by the plaintiff, the springs were not upon government land belonging to the United States, and were not the subject of appropriation by the plaintiff, and the act of Congress of 1866, protecting accrued water rights, has no application.</p> <p>Id.—Title of State to Lands—Relation.—Where, by reason of the loss of school sections, selections are made by the state of other lands in lieu thereof, the listing of such lands to the state conveys the legal title as effectually as a patent, and the title so transferred relates back to the date of the selection made and reported to the local land-office, and cuts off all subsequent claimants under the government of the United States.</p> <p>Id.—Use by Permission not Adversé—Injunction.—Where the evidence shows that the use of the water of a spring was by permission of the owner, without proof of a grant from the owner, the plaintiff has no title which would support an injunction against the ns