Spurgeon v. Santa Ana Valley Irrigation Co.

Citations

• 120 Cal. 71
• 52 P. 140
• 1898 Cal. LEXIS 714

Syllabus

<p>Corporations—Chaster and By-laws of Irrigation Company—Stock Appurtenant to Land—Assessments—Sale of Delinquent Stock—Severance from Land—Rights of Purchaser under General Law.—Where the charter and by-laws of an irrigation company provided that water was to be delivered only to stockholders who were owners of land, that the stock was to be transferable only with the land for which it was issued, and the water to be appurtenant to the land, unless otherwise ordered, upon the written order of the owner, such provisions have no application to a sale of delinquent stock for nonpayment of assessments, the effect of which is to he determined by the general law, and the stock in such case is severed from the land to which it was made appurtenant under the by-laws, and the purchaser of the stock at delinquent sale has the right to have stock and water delivered to him to the extent of his purchase for the irrigation of land owned by him, to enable him to enjoy the fruits of his purchase.</p>