Smith v. Williams

Citations

• 6 Cal. Unrep. 193
• 55 P. 600
• 1898 Cal. LEXIS 1084

Syllabus

<p>Water Bights.—A Deed by a Prior Appropriator of Water conveyed “all of his right to the use of all the waters of D. creek. Said waters to be taken out at a point .... about one mile above the head of S.’s old ditch, and tapping said creek where the B. Go. taps said D. creek.....To have and to hold .... the first right to the use of all the waters” thereof. The grantor at that time owned five ditches tapping the stream below the named point of inflow, through which ditches he thereafter continued to divert water, with the grantee’s acquiescence. Considerable water still flowed in the stream below the point named, it being from seepage, springs and other sources. Held, that the intention was to convey a first right only to the point mentioned, and, hence, that the waters below did not become subject to appropriation.</p> <p>Witness.—It is not Error to Exclude a Question Calling for a mere repetition of testimony.</p>