MARTINY v. WELLS

No. 9866.

419 P.2d 470 (1966)

Gilman MARTINY and Grace Martiny, husband and wife, Plaintiffs-Appellants, v. Arthur WELLS, Defendant-Respondent.

Supreme Court of Idaho.

October 24, 1966.


Attorney(s) appearing for the Case

Furchner, Anderson & Beebe, Blackfoot, Fred H. Snook, Salmon, for appellants.

Sherman F. Furey, Jr., Salmon, for respondent.


TAYLOR, Justice.

At the times here involved both parties were owners of rights to the use of water for irrigation from Spring Creek, in Lemhi County. Both rights were adjudicated by the Morrow-Wagoner decree in 1910. The right held by plaintiffs (appellants) was decreed to have a priority date of February 10, 1893, and the right held by defendant (respondent) was decreed to have a priority date of July 15, 1900.

Plaintiffs brought this action for damages resulting...

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