¶1The judgment is affirmed. The court holds that the homesteader was the prior appropriator of the water right, and the plaintiff had no right to enter upon the prior possession of the entryman, under his homestead entry, and appropriate any portion of the running streams or creeks thereon.
6 Dakota 71
Sturr v. Beck
Supreme Court Of The Territory Of Dakota
Decided May 15, 1888
Supreme Court Of The Territory Of Dakota · decided 1888-05-15
Chas. M. Thomas, Judge. This was an action by Daniel Sturr, plaintiff, against Charles W. Beck, defendant, to restrain him from interfering with a water ditch on his (defendant’s) land, used by plaintiff to carry water to his land, and for damages sustained by reason of interference with the ditch and water. The defendant had findings and judgment in his favor, and the plaintiff appealed.
Decided 1888-05-15