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SYLVESTER v. IMHOFF

No. 42449.

81 Wn.2d 637 (1972)

503 P.2d 734

WILLIAM SYLVESTER et al., Respondents, v. ROBERT IMHOFF et al., Appellants, AUSTIN SYLVESTER et al., Respondents.

The Supreme Court of Washington, En Banc.

December 7, 1972.

Attorney(s) appearing for the Case

Kelly Hancock, for appellants.

Nansen & Price and Richard B. Price, for respondents.

WRIGHT, J.

This action involves an easement across the lands of another for the maintenance and operation of a ditch carrying irrigation water.

Appellants (defendants) are the owners of lands in Okanogan County. Respondents (plaintiffs) own lands nearby on which are orchards which require water.

Archibald Martin built the ditch in question over government lands and completed construction not later than 1903. Martin acted under the authority of an 1866...

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