Stowell v. Tucker

Citations

• 7 Idaho 312
• 62 P. 1033
• 1900 Ida. LEXIS 55

Syllabus

<p>Water Eight — Injunction.-—An oral contract was made under which one party acquired a right of way and constructed an irrigating ditch over the lands of another under agreement that the latter should take fifty inches of water from said ditch annually for the irrigation of said lands; after sixteen years, the successor in interest of the former commenced an action to enjoin the successor in interest of the latter from taking said fifty inches of water, claiming that said oral contract was void because not in writing. Held, that injunction does not lie in favor of plaintiff.</p> <p>Community Property. — Eeal estate conveyed to the wife during coverture is presumed to be community property in the absence of a showing to the contrary.</p> <p>Husband and Wiee. — Eeal estate occupied as a residence by husband and wife cannot he alienated or encumbered by the sole act of the husband..</p> <p>Disclaimer. — In an action against husband and wife relating to a water right appurtenant to real estate occupied by them as a residence the husband filed a disclaimer. Held, that such disclaimer does not affect the community rights of the defendants in or to the subject matter of the action, and that the wife may defend such action.</p> <p>(Syllabus by the court.)</p>