Wilkins Ditch Co. v. Drake

Citations

• 115 Wash. 603
• 197 P. 769
• 1921 Wash. LEXIS 768

Syllabus

<p>Quieting Title (2)—Defenses—Adverse Claim of Title. An action by a diteb company to quiet title in itself to an irrigation canal, and to enjoin defendants from taking water therefrom, cannot be maintained where it appears that the defendants have a right to take water from the canal for irrigating and domestic purposes.</p> <p>Appeal (480)-—Determination of Cause—Scope of Relief to Defendant in Error. Where, in an action to quiet title, defendants sought affirmative relief, but the court dismissed plaintiffs action without undertaking to adjudicate the rights of defendants, they are not estopped on appeal to contend against plaintiffs right of recovery.</p>