Sturr v. Beck

6 Dakota 71 | Supreme Court Of The Territory Of Dakota | 1888

By the Court :

The 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.

All of the justices concur except Francis and Garland, JJ., who dissent.