A Treatise On the Law of Riparian Rights As the Same is Formulated And Applied I
A Treatise On the Law of Riparian Rights As the Same is Formulated And Applied I
John Norton Pomeroy
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2 Quirk V. Falk, 47 Cal. 453. Ortman v. Dixon, 13 Cal. 33. A ^McDonald v. Bear River, etc. , co-ownerof a water-right, acquired Co. , 13 Cal. 220. By appropriation, can convey his 4 Smith V. O'Hara, 43 Cal. 371; own interest, but cannot convey Lobdell V. Hall, 8 Nev. 507. [A so as to injuriously affect his co- water-right can be convej'ed by a tenant's right. Henderson v. Bill of sale not under seal. It cer- Nicholas, 67 Cal. 152, s. C. 7 Pac. Tainly passes the equitable title. Rep. 412. ] and ...that is sufficient, under our (89) § 59 NATURE AND EXTENT OF RIGHT. [Ch. 5, umler a mere verbal sale to himself, does not succeed to any rights of priority held by the vendor, so as to obtain the benefit of the vendor's prior appropriation; he must date his own ap- propriation, as against all other opposing claimants, from the time when he enters into possession.^ In a very recent decision by the supreme court of Nevada, this same rule was declared in the most general form: "Where, in a contest concerning prior- ity, a party claiming a right to water by appropriation fails to conned himself in interest with those who first appropriated and used the waters of a stream, his own appropriation of the water must be treated as the inception of his right;" or, in other words, his right of appropriation must be dated from the time when he himself began to use the waters; he cannot link his own use onto that of the former occupants, and thus claim to be a suc- cessor to their prior rights.
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