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NORTH v. MARSH

No. 12929.

504 P.2d 1378 (1973)

29 Utah 2d 73

Robert D. NORTH et al., Plaintiffs and Respondents, v. Mearle Clyde MARSH, Sr., et al., Defendants and Appellants.

Supreme Court of Utah.

January 4, 1973.

Attorney(s) appearing for the Case

William D. Marsh, Ogden, for defendants and appellants.

Walter G. Mann, Brigham City, for plaintiffs and respondents.

CROCKETT, Justice:

This controversy is over the right to the use of waters which accumulate in what is known as Holmes Canyon in the west face of the Wasatch Mountains just south and to the east of Willard, Box Elder County. Defendants, who own a tract of about 160 acres bordering on the south city limits and extending to the entrance of the canyon, claim an ancient appropriation to beneficial use.1 The plaintiffs, several owners of lands...

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