YARDLEY v. SWAPP

No. 9379.

12 Utah 2d 146 (1961)

364 P.2d 4

JOHN YARDLEY, PLAINTIFF AND APPELLANT, v. MAX SWAPP, EXECUTOR OF THE ESTATE OF MELVIN SWAPP, DECEASED, DUNCAN FINDLAY, ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

August 9, 1961.


Attorney(s) appearing for the Case

McKay & Burton, Macoy A. McMurray, Salt Lake City, for appellant.

Pickett & Pickett, St. George, Olsen & Chamberlain, Gustin, Richards & Mattsson, Richfield, for respondents.


CROCKETT, Justice.

Plaintiff John Yardley brought this action to obtain an adjudication of water rights of himself and the three named defendants in two small streams, Minnie or Little Creek, and Castle Creek. They are part of the eastward drainage of the Markagunt Plateau, and are tributaries to the Sevier River in Garfield County, Utah. He also sought damages for defendants' alleged invasion of his rights to use such waters; and injunctive relief to protect against...

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