McNAUGHTON v. EATON

No. 8277.

4 Utah 2d 223 (1955)

291 P.2d 886

JOHN E. McNAUGHTON AND HENRIETTA McNAUGHTON, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. JOHN B. EATON, AN UNMARRIED MAN; MYRTLE ROSS; JAMES H. FISHER AND CUNA FISHER, HUSBAND AND WIFE, ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

December 30, 1955.


Attorney(s) appearing for the Case

Edward W. Clyde, Salt Lake City, for appellants.

Hugh W. Colton, Whitney D. Hammond, Vernal, Dean W. Sheffield, Salt Lake City, for respondents.


WADE, Justice.

This appeal involves the right of the court to limit and regulate the right to the use of water acquired by appropriation. On a previous appeal we affirmed the trial court's holding that plaintiffs, the McNaughtons, who are the appellants here, have a right which is prior to the rights of any of the defendants to the use of the water of McNaughton Gulch. We reversed the holding that their right was not acquired by appropriation nor limited to a beneficial...

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