THOMPSON v. BINGHAM

No. 8417.

302 P.2d 948 (1956)

W. J. THOMPSON and Mable B. Thompson, husband and wife, Plaintiffs-Appellants, v. Dean BINGHAM and Mrs. Dean Bingham, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

October 23, 1956.


Attorney(s) appearing for the Case

A. A. Merrill, Idaho Falls, for appellants.

O. R. Baum and Ruby Y. Brown, Pocatello, P. M. Condie, Preston, for respondents.


KEETON, Justice.

Plaintiffs and defendants own adjoining land. For more than five years prior to 1953 plaintiffs utilized and used for irrigation purposes certain waters escaping from lands owned by defendants. The water of which plaintiffs claim ownership did not come from any lake, river, creek, spring, natural stream or other established source, but during a part of the year escaped by seepage or overflow from lands owned and irrigated by defendants. This water...

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