Show FOX LOSES IN INTERESTING WATER CASE CASEI I An interesting water suit was decided in our District Court theother tho the other day both parties to the suit claiming a right to certain waters which have been lIeen distributed by the agent of the c city ty The plaintiffs Mr and Mrs l L. L A. A Wilson had not used tho the water since 1913 hen the decree was entered by the court giving giving gi ing each l land owner a pr proportionate share of the water of the city creek according to tho the holdings of ot land The contention of the plaintiff was that tho the joint owners of the tho water were tenants in common and that the uso use of one was the use of ot all while the contention of the defendant defendant defend defend- ant J. J W. W V. V Fox was that the had not used the water for seven years and had therefore lost the right to its use at all Able arguments were made made by Uy y the attorneys on both sides Judge A. A H. H chrIstenson for the Plaintiff and John A A. Hougaard for tor the defendant Judge Nephi J J. J Bates Dates of Richfield was on the bench The case was wasta ta taken en under advisement and a 3 decision decision decision de de- de- de was just handed down in fa favor faor or of the plaintiff the Court holding that until the defend defendant nt should give notice that the that the water being being be be- ing used adversely to the plaintiff tho statute of limitations did not run against the plaintiff and therefore there fore foro that the use by the defendant w was s the use of the plaintiff as a a. tenant in common The decision will be of great interest interest in interest in- in terest to man many of our people as s we well l las as to irrigators everywhere I. I |