69 P. 477 | Idaho | 1902
— This is an action for quieting conflicting claims to water on Dry or Beaver Canyon creek, Fremont county.
The complaint is in the usual form, and defendants answered and set up by way of cross-complaint their claims to water. Before commencing to take testimony it was stipulated, by the respective parties, that the material allegations of the complaint ¡md cross-complaints be admitted as denied, and that in entitling all papers or pleadings in this cause the following title might be used: “F. A. Pyke et al., Plaintiffs, v. James Burn
The decree must be modified to that extent. The cause is remanded, with instructions to modify said decree by granting said appellant Russell eighty inches of water, dating from the year 1891; each party to pay his own costs on tMs appeal.