Judkins v. Elliott

Decided August 30, 1886

California Supreme Court · decided 1886-08-30

Action for damages for diversion of water to the use of which the plaintiff claimed to be entitled, and for an injunction against further use of the water by defendant. It appears that plaintiff had appropriated water upon the public lands of the United States before any private claim to the land had been made.

Decided 1886-08-30

By the COURT.

¶1The case shows that the water in controversy, while situate upon public land of the United States, was appropriated by the plaintiff prior to acquisition by defendant of any right or title from the government to the land upon which the water is situate.

¶2Judgment and order affirmed.