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WELLS v. MARCUS

No. 11939.

480 P.2d 129 (1971)

25 Utah 2d 242

Opal C. WELLS, personally, and as guardian for the estates of Patricia Ann Hill, et al., her children, minors, Plaintiff and Respondent, v. William MARCUS and Audrey Y. Marcus, Defendants and Appellants.

Supreme Court of Utah.

January 20, 1971.

Attorney(s) appearing for the Case

Bean, Bean & Smedley, Stanley M. Smedley, Layton, for appellants.

Skeen & Skeen, E.J. Skeen, Salt Lake City, for respondent.

CROCKETT, Justice.

This suit arose from a controversy between the parties over the use of culinary water from a common source known as Corbett Creek in Davis County. It appears that in about 1950 the plaintiff's pater familias, John Hill (now deceased), and the defendant, William Marcus, worked together in constructing a pipeline to convey the water from Corbett Creek in a common pipe to a point of division, and thence in separate pipes to their respective residences...

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