STUBBS v. ERCANBRACK

No. 9433.

13 Utah 2d 45 (1962)

368 P.2d 461

LeROY STUBBS AND LAKE BOTTOM IRRIGATION COMPANY, A CORPORATION, PLAINTIFFS AND APPELLANTS, v. W. MORRIS ERCANBRACK, DEFENDANT, RESPONDENT AND CROSS-APPELLANT.

Supreme Court of Utah.

January 31, 1962.


Attorney(s) appearing for the Case

Christensen, Novak, Paulson & Taylor, Provo, for appellant.

Ballif & Ballif, Provo, for respondent.


CROCKETT, Justice.

Plaintiffs Stubbs and Lake Bottom Irrigation Company complain that the installation of a drainage and pumping system by defendant Ercanbrack on his land deprives them of waters to which they had established prior rights. Plaintiffs sought restitution of water, damages and an injunction.

The trial court confirmed the right of defendant to maintain the drainage system on his land and to use the water collected therefrom except it required...

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